Don't waive goodbye to your right to forfeit
The threat of forfeiture remains one of the most powerful weapons in a commercial landlord’s arsenal when dealing with a tenant that is in breach of its covenants.
However, this right can easily be compromised, and on many occasions landlords inadvertently lose the ability to lawfully forfeit a lease by being deemed to have waived that right. The following tips should assist landlords in avoiding inadvertent waiver and also in understanding the consequences of waiver in the event that a right to forfeit is lost.
Put very simply, you cannot waive a right that you do not have. Landlords should therefore consider a number of questions…
If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.
News from Taylor Wessing
News from The Lawyer
Analysis from The Lawyer
The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world
Financial disputes are starting to dominate the English courts as the long-awaited fallout from the downturn finally comes to town