Relief from forfeiture

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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
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 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
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
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
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
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
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
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
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
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
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
Precedents
Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...
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9th Nov
Practice notes
If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....
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9th Nov
Practice notes
This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...
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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

Most recent Relief from forfeiture content

Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
30th Apr
Practice notes
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...
Read More >
29th Apr
Practice notes
The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...
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8th Apr
Practice notes
This Practice Note details the deadlines for carrying out some of the more common tasks for property disputes lawyers, together with links to further...
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12th Mar
Practice notes
The process for claiming relief against forfeiture varies depending on the nature of the breach. This Practice Note sets out the position relating to...
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3rd Mar
Precedents
1By a lease dated [insert date] between [insert landlord name] and [insert tenant name] [and [insert guarantor name]] (‘the Lease’) the Defendant let...
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12th Feb
Q&As
In principle, equity follows the law and rights which a party can have at law are, broadly, capable also of existing in equity. Accordingly, a right...
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Produced in partnership with Desmond Kilcoyne 22nd Jan
Q&As
This Q&A explains whether a headlease can be forfeited by re-entry due to the tenant being in rent arrears even though there is a subtenant who is in...
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Produced in partnership with Alexander Campbell of Field Court Chambers 22nd Jan
Q&As
Once forfeiture has been effected by proceedings, the lease terminates and the landlord and tenant do not have any continuing liabilities under it...
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Produced in partnership with Kate Andrews of Hamlins 22nd Jan
Q&As
The answer will depend upon whether the forfeiture was lawful. For example, if the landlord forfeited the lease for non-payment of rent, the tenant...
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22nd Jan
Q&As
A subtenancy is a tenancy created out of the headlease and will ordinarily mean that there is no privity of contract between the subtenant and the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan
Q&As
Although the courts accept that service of proceedings for possession is an election by the lessor to treat the lease as forfeited as at the date of...
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22nd Jan
Q&As
There will be an automatic determination of a subtenancy at common law on the termination of a head tenancy pursuant to a notice to quit or a break...
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22nd Jan
Q&As
The Q&A is relevant in circumstances where the original tenant has made their application for relief within good time in respect of the type of...
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22nd Jan
Q&As
This Q&A refers to a lease of a commercial property where the headlease and sublease contain similar covenants.Right to forfeitA lease may contain an...
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22nd Jan

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