Q&As

When a lease is forfeited and the legal interest of the legal owner is determined, is the beneficial interest of the beneficial owner also automatically determined? Is it sufficient to forfeit against the legal owner or must the landlord also forfeit against the beneficial owner?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 28 June 2017
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Forfeiture is a mechanism whereby a landlord can determine the leasehold interest of a tenant prior to the expiration of the term. It requires a contractual right to re-enter the property in the event of a breach of a covenant contained in the lease (commonly, non-payment of rent) and there are various statutory provisions containing formal requirements in certain circumstances before a lease can be forfeit. Forfeiture can take effect either by peaceable re-entry (though this applies only to commercial premises and not residential: sections 1-3 of the Protection from Eviction Act 1977) or by the issuing of court proceedings. A tenant (and interested third parties)

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Landlord definition
What does Landlord mean?

A person who grants a lease.

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