Bravo Investigations & Enforcement can provide forfeiture of lease in London and across the UK
What is forfeiture of lease?
Forfeiture of lease is when a landlord ends the lease due to the tenant breaching the terms of that lease by being in arrears with rent or by other significant breach.
Do all landlords have the right to forfeiture of lease?
No, the landlord only has the right to forfeiture if there is an express clause in the lease that states this right exists. Furthermore, the breach should be a rudimental breach such as not paying rent or other form of very serious breach.
When should the landlords consider forfeiture of lease?
Landlords should consider forfeiture of lease if the tenants are avoiding paying rent or breaching the lease in any other way.
What is the first step for the landlords?
Before the forfeiture of lease can be done, the landlord must formally demand the rent, unless it is stated in the lease that this is not required. The landlord should also check the terms of lease to find out how long the rent must be unpaid before the forfeiture of lease can be carried out.
What is procedure for the forfeiture of lease?
If the tenants are breaching the lease, the tenants should be served a formal notice which should state exactly what that breach is and must give the tenant a set period of time to rectify the breach. If the tenant complies with the notice and rectifies the breach in the specified time period then the landlord no longer has the right of forfeiture. On the other hand, if the tenant continues to commit a breach of the lease the landlord can pursue forfeiture of the lease through the court.
Is it possible to lose the right of forfeiture?
Yes, it is possible to lose the right of forfeiture whether the Notice is already served or not. This happens when the landlord is aware of the breach in the terms of the lease and performs an act which continues to recognise the existence of the Landlord and Tenant relationship. An example of this is when the landlord accepts partial payment for late rent after a period of non-payment.
What is section 146 Notice?
The purpose of the 146 Notice is to notify the tenant who is in the breach of the lease of Landlord’s intention to forfeit the Lease. The Notice must specify what the breach is, and if it is something rectifiable than the Notice must allow the Tenant to rectify the breach and financially compensate the Landlord.
Do I need a court order for Commercial lease forfeiture?
We suggest that you seek legal advice as it will depend on case to case basic.
Bravo Investigations & Enforcement work with a panel of highly experienced solicitors in commercial lease forfeiture.