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GLOSSARY

Relief from Forfeiture definition

/rɪˈliːf/ /frɒm,frəm/ /ˈfɔːfɪtʃə/

Published by a LexisNexis Property Disputes expert

What does Relief from Forfeiture mean?

An application made by a tenant (or sub-tenant or mortgagee) following forfeiture, seeking the reinstatement of the (forfeited) lease (or the grant of a new lease for the remainder of the term in respect of a subtenant or mortgagee).

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Landlord’s remedies for alteration without consent

Landlord’s remedies for alteration without consent This Practice Note explains the remedies a landlord can seek when a tenant has made unauthorised alterations: forfeiture, an injunction and/or damages. For guidance on the usual forms of covenant against alteration, and on whether consent has been reasonably withheld, see Practice Note: Landlord’s consent to alterations. Forfeiture Altering the demised premises without consent, where that consent is required, is a breach which (on usual lease terms) gives rise to a right to forfeit the lease. The tenant may seek relief from forfeiture, in the usual way. If there is no application for relief, though, forfeiture will end the lease and any sublease granted out of it. For more information, see Practice Notes: Forfeiture of a lease and Relief from forfeiture for breach of covenant. Injunction In a falling or weak market, the landlord may be reluctant to forfeit, especially if it

Landlord’s remedies for change of use without consent

Landlord’s remedies for change of use without consent This Practice Note explains the remedies a landlord can seek when a tenant is breaching a covenant about the use of the property: forfeiture, an injunction and/or damages. For guidance on covenants restricting use and when consent to a change can be reasonably withheld, see Practice Note: Permitted use, change of use and preventing a competing use — leases. Forfeiture Using the demised premises for a prohibited purpose without consent is a breach which (on usual lease terms) gives rise to a right to forfeit the lease. The tenant may seek relief from forfeiture, in the usual way. If there is no application for relief, though, forfeiture will end the lease and any sublease granted out of it. For more information, see Practice Notes: Forfeiture of a lease and Relief from forfeiture for breach of covenant. Injunction In a falling or weak market, the landlord may be reluctant to forfeit, especially if it thinks the tenant would not apply...

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Particulars of claim for forfeiture for breach (other than rent arrears)

Particulars of claim for forfeiture for breach (other than rent arrears) 1 The Claimant is the [freehold OR leasehold] owner of the premises known as [insert description of premises] (‘Premises’) and is entitled to possession of the Premises. The Defendant is the tenant of the Premises. 2 By a lease dated [insert date] between [insert landlord name] and [insert tenant name][ and [insert guarantor name]] (‘Lease’), the Premises were let for a term of [insert term eg 5 years] from [insert term commencement date] at an [initial] rent of £[insert amount of annual rent] per annum. The Claimant will refer to the Lease at trial for its full terms and effect. 3 Pursuant to clause [insert clause reference] of the Lease the Defendant covenanted to [insert description of tenant obligation]. 4 In breach of the Lease the Defendant has [insert details of breach of covenant]. 5 On [insert date of service of section 146 notice] the Claimant served upon the Defendant a notice pursuant to section 146...

Statutory Declaration in support of an application to HM Land Registry to remove reference to a lease forfeited for a breach of covenant other than non-payment of rent

Statutory Declaration in support of an application to HM Land Registry to remove reference to a lease forfeited for a breach of covenant other than non-payment of rent I, [name], of [address] do solemnly and sincerely declare that: 1 [I have been employed by [name of owner] (‘the Owner’) for [number] years. For the last [number] years I have held the position of [description]. I am fully familiar with the matters dealt with in this statutory declaration. OR I am [a partner in OR employed by] [name of firm] a firm of [chartered] surveyors who have since [date] been continuously retained by [name of owner] (‘the Owner’) to [manage and act as agent OR collect the rents and other income and pay the outgoings OR [other]] on behalf of the Owner in relation to the Property (as defined below). I have personally been involved in [carrying out AND/OR supervising] that work since [date]. I am fully familiar with the matters dealt with in...

Dive into our 2 Precedents related to Relief from Forfeiture

Property weekly highlights—17 April 2025

This week's edition of Property weekly highlights includes: cases on relief from forfeiture granted to residential sub-tenants of a mixed-use building and stamp duty land tax, new versions of the MCL leases, an update from HM Land Registry on its registration service and a Property and Related Services Threat Assessment Report on financial sanctions.

Lexis®PSL Dispute Resolution weekly highlights—22 December 2016

Welcome to the weekly highlights from the Lexis®PSL Dispute Resolution team for the week ending 22 December 2016—our final highlights for 2016. This week, we feature our interactive resource guiding customers through the key Dispute Resolution cases and developments of 2016 and the 87th update to the CPR. We highlight news and analysis on a broad range of matters, including: proprietary freezing orders (Marino); case management (Simpson); applicable law (Banca Santander Totta); cause of action estoppel (Mandic-Bozic); LIBOR claims (Property Alliance); and adjudication (Octoesse). We also identify relevant News Analysis from other Lexis®PSL practice areas, the latest substantive amendments to our core content, new Q&As and recent posts on the Dispute Resolution blog. All this, and more, in our weekly highlights. We’d like to thank our customers, contributors and Editorial Board for their support this year, and wish you all a very pleasant festive break. See you all in 2017!

Read the latest 3 News articles on Relief from Forfeiture