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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…

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…

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…

Forfeiture is real and the Court will grant it!

Forfeiture is probably the most powerful and important remedy available to a landlord. Despite that, we find for the large part that many landlords and agents we work with don’t think that forfeiture is attainable or a real option where a residential leaseholder has breached the terms of their…

A leaseholder who is in breach of their lease makes a partial payment. Does delaying the return of that payment waive the landlord's right of forfeiture?

This Legal Update discusses the case of Tropical Zoo Ltd v Hounslow LBC [2024] EWHC 1240 (Ch) . The case relates to an appeal made by Tropical Zoo Limited, the tenant, that Hounslow LBC, the landlord, had waived their right to forfeiture as a result of acceptance, or at least a delay in returning,…

Does seeking a CCJ waive the landlord’s right to forfeit a lease? The case of Clemente -v- Mindmere Ltd [2024]

This week’s Legal Update looks at a decision of the Upper Tribunal (“UT”) concerning whether seeking a monetary judgment for unpaid service charges amounts to a waiver of the landlord’s right of forfeiture. What is forfeiture? The ability to forfeit enables a landlord, in certain circumstances, to…

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…

An overview of relief from forfeiture

Forfeiture is a means for a Landlord to terminate a lease, in the event of some default by the Leaseholder. The right must be conferred expressly: there must be a ‘forfeiture clause’ or a ‘proviso for re-entry’ ( see here our December 2018 Legal Update “Forfeiture is real and the Court will grant…

Be careful what you do if your Tenant dies

We are grateful to Nearly Legal for highlighting this interesting County Court case on the issue of when a new tenancy might be created following the death of the tenant. Whilst the case relates to a local authority tenancy, the cautionary note is equally applicable to a private sector tenancy. The…

How to deal with the recovery of service charges or ground rent when the leaseholder has died

It is always a very sad event when a leaseholder passes away. We obviously encourage the landlord/RMC/RTM company and their managing agent to always assist the beneficiaries and those affected by the death insofar as is reasonably possible. However, how should you act where accruing service charge…