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 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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