Claiming relief from forfeiture when breach is rent arrears
Claiming relief from forfeiture when breach is rent arrears

The following Property Disputes practice note provides comprehensive and up to date legal information covering:

  • Claiming relief from forfeiture when breach is rent arrears
  • Which interests does relief from forfeiture apply to?
  • Jurisdiction
  • Who can apply for relief?
  • How to apply for relief
  • Forfeiture by proceedings
  • Forfeiture by peaceable re-entry
  • Terms of relief
  • Factors to be taken into account by the court
  • Effect of forfeiture/granting relief
  • More...

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. proceedings for possession

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property.

The process for claiming relief from forfeiture varies depending on the nature of the breach. This Practice Note covers relief against forfeiture for rent arrears. For information in respect of claiming relief for any other breach, see Practice Note: Claiming relief from forfeiture for any breach other than rent arrears.

Which interests does relief from forfeiture apply to?

As well as leases, relief is available for some other property rights. See the guidance in Practice Note: Claiming relief from forfeiture for any breach other than rent arrears—Which interests does relief from forfeiture apply to?

Jurisdiction

The courts have a historic, inherent jurisdiction to grant relief from forfeiture in respect of non-payment of rent. This equitable jurisdiction has been replaced with statutory jurisdiction in some respects, including for breaches other than

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