Results for "lease forfeiture"

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The dreaded “W” word - Waiver of the right of forfeiture and the case of Faiz v Burnley Borough Council

Although the case of Faiz & others v Burnley Borough Council [2021] EWCA Civ 55, concerned a commercial lease, its important findings apply equally to all Leases, both private and commercial. For those who wish to read it the full judgment can be seen here . It relates to when waiver of the…

When are managing agents’ admin fees recoverable?

Invariably when we are instructed to enforce any breach by a leaseholder or freehold house owner (collectively in this Legal Update referred to as ‘property owner’), the managing agents appointed will have an associated administration fee (or a number of them) attached to that instruction. That may…

The Keeping of Pets

Whether you are finding tenants for landlord clients or managing a development, the issue of pets and whether or not the occupier of a property is able to keep them at the property is becoming a more common question. A response from the owner of a property is often “ I own my flat [or house] so who…

Relief from forfeiture and head leases - a cautionary tale?

In this week’s Legal Update, we report on the case of Derwent Lodge Estates Ltd v Signature Living Hotel Ltd & 54 others [2025] 3 WLUK 402, which highlights the potential liabilities and perils for under-lessees where relief is sought following forfeiture of a head lease. Background The case…

The £350 forfeiture threshold

As many of you will know, when a Leaseholder is in breach of the terms of their lease a Landlord can look to use the remedy of forfeiture as a means of obtaining either resolution of the breach, or possession if the Leaseholder is minded not to comply. Forfeiture results in the determination of the…

Court of Appeal confirms scope of RTM company’s enforcement powers

In our Legal Update from April 2023 (found here ), we reported on the case of Eastpoint Block A RTM Company Limited v Otubaga [2022] UKUT 319 (LC), in which the Upper Tribunal agreed with the FTT that a Right to Manage (“RTM”) company does not have the power to seek a determination of a breach of…

Recognised Tenants Associations vs. Right to Manage Companies

Following our recent Legal Updates regarding Recognised Tenants Associations (RTAs) ( see here ) and Right to Manage Companies (RTMs) ( see here ), we have been asked about the different powers that RTAs and RTMs have. We have attached above the links to the two previous updates from April 2019,…

The importance of getting Rent Demands right!

Section 166 Commonhold and Leasehold Reform Act 2002 (“s.166 Notice”) sets out that a prescribed form must be used when demanding Ground Rent. Our January 2019 Legal Update “Rent Demands - How to ensure that they are valid” (see here) provided guidance on the requirements of how to correctly…