Results for "relief from forfeiture"

Get in touch today

Call 01435 897297
Email info@kdllaw.com

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…

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…

Does waiver preclude a landlord from obtaining a determination of the breach?

As you will likely know, a landlord who wishes to forfeit a lease for a breach by the leaseholder (for any matter other than rent arrears) is required by s.168(2) Commonhold and Leasehold Reform Act 2002 (“CLRA”) (or by s.81 of the Housing Act 1996 where the breach is non-payment of service…

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…

The deeper perils of waiver!

Whilst forfeiture is a useful and effective remedy for Landlords, it is vital for Landlords and their agents to ensure that, once they are aware of a breach, they do nothing that might inadvertently waive the right to forfeit for it. Waiver can occur when the Landlord (or their agent) undertakes…

Enforcement options for unpaid money judgments

Where forfeiture, or the threat of forfeiture, is not available to a client, there are a number of other options to consider when trying to enforce payment where a debtor has failed to pay a money judgment. The most appropriate option will depend on the very specific circumstances of each case and,…

When leaseholders are in breach - some Do’s and Don’ts

When a leaseholder is in breach of the terms of a lease and you wish to enforce the lease terms, it is likely that you will wish to do so with reliance upon the landlord’s right of forfeiture. The reason for this is twofold:- Commonly, your ability under the contract (the lease) to recover any…

Further delays to evictions expected as country goes into second lockdown

On 21 October 2020, the Lord Chancellor, The Right Honourable Robert Buckland QC MP, requested that no evictions take place in parts of the country affected by the Tier 2 and Tier 3 restrictions. It was therefore inevitable that the request would extend to Tier 1 areas in the event of a further…