The rules regarding forfeiture of a lease are not straightfoward
By Patricia Mellody
When a tenant has fallen into arrears of monies due under a lease, its landlord needs to navigate through the complexities of the law to ascertain whether forfeiture is available as a remedy.
Questions arising include: Has the right to forfeit arisen? Does a Section 146 Notice need to be served? Have adequate steps been taken to ensure there has been no waiver of the right to forfeit? Where the premises are residential, has the landlord obtained a court order?
Tenants of commercial premises do not want to lose profits from an inability to occupy and trade from the property — so forfeiture can be a cheap and powerful way of shocking a tenant into finding the cash to pay outstanding sums due…
If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
The rules surrounding the calculation of holiday pay are notoriously complex and have resulted in a number of claims before the Employment Tribunal.
As Christmas approaches and another year draws to a close, Charles Rae of Shoosmiths looks back at some of the most notable cases of 2013.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…