Q&As

A commercial lease has been forfeited for non-payment of rent and the landlord wishes to grant a new lease to a new tenant. The Land Registry (LR) is insisting on serving notice on the tenant of the title closure notice application, resulting in delay before grant of the new lease. What authority is there to allow LR to delay the application and insist on serving this notice? How can this be expedited?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 21/03/2017

The following Property Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A commercial lease has been forfeited for non-payment of rent and the landlord wishes to grant a new lease to a new tenant. The Land Registry (LR) is insisting on serving notice on the tenant of the title closure notice application, resulting in delay before grant of the new lease. What authority is there to allow LR to delay the application and insist on serving this notice? How can this be expedited?

A commercial lease which contains a clause meeting certain requirements can be forfeited for a breach of the same. Such a lease can be forfeited through the obtaining of a court order, or by peaceable re-entry. Note that there are various notice requirements which must be followed in respect of certain breaches before forfeiture can take place.

A tenant may apply for relief from forfeiture even after the landlord has re-let the property. This can cause the landlord difficulties, as if the application is successful, the original lease will be reinstated. As such, the lease between the new tenant and the original landlord would become an intermediate lease, and the landlord would be open to a claim in damages from the new tenant.

In order to remove the forfeited lease from the register, an application must be made to the L

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