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…
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