Navigate the intricacies of forfeiture with our comprehensive guidance designed for property dispute specialists. Whether you're dealing with commercial or residential leases, our resources provide the essential tools and strategies to handle forfeiture cases effectively. Stay ahead with expert insights on lease termination, tenant rights, and actionable steps for enforcement proceedings.
This week's edition of Property Disputes weekly highlights includes: the Building Safety (Wales) Bill and English Devolution and Community Empowerment...
The CIOT has published a news item on the Renters’ Rights Act 2025 and SDLT on residential leases....
Restructuring & Insolvency analysis: The court, on appeal, clarified the approach to be taken in determining whether or not exceptional circumstances...
The Master of the Rolls, Sir Geoffrey Vos, delivered a speech to the Judicial Institute for Scotland in Edinburgh on 30 April 2026 examining how...
Private nuisance—general principlesWhat situations can give rise to a claim?Private nuisance is a ‘violation of real property rights’. It involves...
Occupiers’ liabilityOccupiers' Liability Act 1957Under the Occupiers' Liability Act 1957 (OLA 1957), an occupier of property owes a common law duty of...
Specific performance of property agreementsIf a party to a property agreement fails to comply with its obligations, the other party may wish to apply...
Forfeiture of a leaseWhen can a landlord exercise the right to forfeit a lease?Forfeiture is a landlord’s right to bring a lease to an end as a result...
What is the legal position if a commercial tenant abandons the property? Can the landlord enter the premises and take possession forthwith?We have assumed in this case that the tenant has abandoned the premises by vacating it and has not paid the rent and/or service charge due under the lease. We
What is an antecedent breach?An ‘antecedent breach’ from a property perspective is a reference to a breach which took place prior to a particular event, for example prior to assignment or forfeiture.For example, within a forfeiture clause it may be used in the following way:‘If the rent hereby
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
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