Q&As

A landlord wishes to forfeit a lease for non-payment of rent before the expiry of the fixed term. There are also a number of items of disrepair. The tenant has vacated the premises some time ago and cannot be located. There is a guarantor under an AGA. If the landlord forfeits the lease will its right to claim the cost of repair from the guarantor be lost? If so, what steps should the landlord take to preserve this right while also ensuring the right to forfeit is not waived?

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Published on LexisPSL on 06/11/2017

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • A landlord wishes to forfeit a lease for non-payment of rent before the expiry of the fixed term. There are also a number of items of disrepair. The tenant has vacated the premises some time ago and cannot be located. There is a guarantor under an AGA. If the landlord forfeits the lease will its right to claim the cost of repair from the guarantor be lost? If so, what steps should the landlord take to preserve this right while also ensuring the right to forfeit is not waived?
  • Waiver
  • Next steps

A landlord wishes to forfeit a lease for non-payment of rent before the expiry of the fixed term. There are also a number of items of disrepair. The tenant has vacated the premises some time ago and cannot be located. There is a guarantor under an AGA. If the landlord forfeits the lease will its right to claim the cost of repair from the guarantor be lost? If so, what steps should the landlord take to preserve this right while also ensuring the right to forfeit is not waived?

This Q&A relates to a lease of commercial premises.

The effect of forfeiture is to determine the lease and any interests deriving out of it, such as subtenancies and mortgages, subject to the right of those

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