Q&As

Where a residential lease is forfeited by court proceedings but the tenant later pays all outstanding sums and the landlord agrees to the lease being reinstated, what is the appropriate procedure to achieve this?

read titleRead full title
Produced in partnership with Kate Andrews of Hamlins
Published on: 04 November 2020
imgtext

Once forfeiture has been effected by proceedings, the lease terminates and the landlord and tenant do not have any continuing liabilities under it (although they remain liable for any breaches which occurred prior to the forfeiture). The tenancy and all interests derived from it, such as sub-tenancies and mortgages, are brought to an end and the landlord is immediately entitled to possession, subject to the tenant’s right to claim relief, or indeed any other third parties who have the right to do so.

Forfeiture terminates the lease and therefore the landlord cannot choose to subsequently treat the lease as continuing (Jones v Carter).

Relief from forfeiture

Only the court has the ability to reinstate the original lease by granting the tenant relief from forfeiture

Kate Andrews
Kate Andrews

Kate is a partner in the Property Litigation department at Hamlins LLP and advises on a wide variety of contentious property-related matters. Her main area of practice is contractual and development disputes, including specific performance claims, injunctions, rights to light, insolvency issues, Party Wall Act disputes and the redevelopment of business premises. She also deals with dilapidations, service charges, applications for consent, rent reviews and other landlord and tenant issues. Kate trained with Nabarro, qualifying in 2003. She joined Hamlins as a partner in 2014.

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Key definition:
Landlord definition
What does Landlord mean?

A person who grants a lease.

Popular documents