Q&As

Can a landlord forfeit a commercial lease for non-payment of rent following a hostile LTA 1954 section 25 notice being served where rental payment has fallen due but remains unpaid following service of the section 25 notice or would this amount to waiver?

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Produced in partnership with Sarah Finch of Hamlins
Published on LexisPSL on 14/11/2017

The following Property Disputes Q&A produced in partnership with Sarah Finch of Hamlins provides comprehensive and up to date legal information covering:

  • Can a landlord forfeit a commercial lease for non-payment of rent following a hostile LTA 1954 section 25 notice being served where rental payment has fallen due but remains unpaid following service of the section 25 notice or would this amount to waiver?
  • Waiving the right to forfeit
  • Service of the section 25 notice

Can a landlord forfeit a commercial lease for non-payment of rent following a hostile LTA 1954 section 25 notice being served where rental payment has fallen due but remains unpaid following service of the section 25 notice or would this amount to waiver?

In answering your query, we have assumed that the section 25 notice was served after the right to forfeit arose; however, if it was served prior to this then it may be that continuing any lease renewal procedure will waive the right to forfeit. It might be possible for the landlord to protect its position in the proceedings without prejudice to the right to forfeit, but this would depend on the specific facts of the case.

Where a tenant, in breach of its covenants, fails to make rental payments in accordance with

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