Forfeiture

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Forfeiture guidance:

The process for claiming relief against forfeiture varies depending on the nature of the breach. This Practice Note sets out the position relating to forfeiture for...

Practice Note

The process for claiming relief from forfeiture when the breach is rent arrears varies depending on the nature of the breach. For information in respect of claiming...

Practice Note

This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further information. It is...

Practice Note

There are typically three situations in which a commercial landlord will use CPR 55: • possession claim following expiry of a lease (whether or not subject to the...

Practice Note

Goods are often left behind when a lease ends or a property is sold, especially following forfeiture by re-entry when there may have been no notice. The lease may deal...

Practice Note

This Practice Note deals with the claims available to a landlord during the currency of a lease. For claims for dilapidations after expiry of the term, see Practice Note:...

Practice Note

CPR 83 provisions regarding writs and warrants As of 6 April 2014 the existing Rules of the Supreme Court (RSC) and County Court Rules (CCR) rules governing writs and...

Practice Note

When 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 of a tenant’s breach. A landlord may...

Practice Note

This Practice Note considers the interaction between the statutory moratorium under Schedule B1 to the Insolvency Act 1986 (IA 1986), which prevents most creditor or...

Practice Note

This Practice Note summarises the main offences and statutory provisions against unlawful eviction of certain tenants and licencees. For further detail of the torts and...

Practice Note

This Practice Note provides a summary of the remedies available to a landlord when faced with a tenant’s breach of lease, including forfeiture, service of a statutory...

Practice Note

This Practice Note provides brief details of the main methods of rent arrears recovery, and gives links to further information in each case. Before taking any action to...

Practice Note

Most leases contain a clause allowing for the recovery of costs ‘in contemplation of’ or ‘in relation to’ proceedings under sections 146–147 of the Law of Property Act...

Practice Note

Statute limits a landlord’s right to forfeit (this includes service of a s 146 notice) a long residential lease for: • non-payment of rent • non-payment of service charge...

Practice Note

Introduction A site that is ripe for redevelopment can also be laden with different interests, with varying degrees of legal protection. Landlords that are looking to...

Practice Note

The general common law principle is that when a lease comes to an end any underlease automatically terminates. Consensual termination—surrender and merger Statute...

Practice Note