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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
The law provides that if you would like to move a child from their main country of residence, the consent of the other person with parental rights should be obtained first.
There are now a range of options for resolving a dispute between a consumer and a trader.
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…