Forfeiture of a lease

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Practice notes
When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...
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9th Nov
Practice notes
Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...
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9th Nov
Practice notes
This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...
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9th Nov
Practice notes
The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...
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9th Nov
Practice notes
While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...
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9th Nov
Practice notes
This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...
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9th Nov
Practice notes
A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...
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9th Nov
Practice notes
There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...
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9th Nov
Precedents
Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...
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9th Nov
Practice notes
This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...
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9th Nov
Practice notes
The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...
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9th Nov
Practice notes
This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...
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9th Nov
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
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9th Nov
Practice notes
Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...
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9th Nov

Most recent Forfeiture of a lease content

Q&As
A company is dissolved (or deemed dissolved) following liquidation, administration, or striking off of its name from the register by the Registrar of...
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22nd Jan
Q&As
Forfeiture is the right by a landlord to determine a lease in the event of some default by the tenant. There needs to be a provision for forfeiture in...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 22nd Jan
Q&As
Under a guaranteed rent scheme, usually the landlord signs over the property to a company or letting agent for a specified period of time in return...
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22nd Jan
Q&As
Most leases will contain provision allowing the landlord to forfeit the lease where there has been a breach. By section 146 of the Law of Property Act...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
In answering your query, we have assumed that the section 25 notice was served after the right to forfeit arose; however, if it was served prior to...
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Produced in partnership with Sarah Finch of Hamlins 22nd Jan
Q&As
This Q&A addresses whether a landlord can effect peaceable re-entry of a residential garage after a notice has been served under the Law of Property...
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Produced in partnership with Alexander Campbell of Field Court Chambers 22nd Jan
Q&As
The Torts (Interference with Goods) Act 1977 (T(IG)A 1977) codifies the law surrounding conversion and trespass to goods and provides for a statutory...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
Forfeiting for non-payment of rentAs a general rule, the landlord does not need to serve a preliminary notice in order to forfeit a lease on the...
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22nd Jan
Q&As
Procedure for forfeiting a residential leaseThe law of forfeiture provides that a landlord can determine a lease by effecting re-entry to the...
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Produced in partnership with Alexander Campbell of Field Court Chambers 22nd Jan
Q&As
When a lease is forfeited, any underlease granted out of the lease will also end. See Practice Note: What happens to an underlease on termination of...
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22nd Jan
Q&As
Case studyOn a property purchase (new lease), the contract provides that the buyer shall not sell or let the property (other than on an assured...
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22nd Jan

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