Relief from forfeiture

Applications for relief

An application for relief from forfeiture can be made:

1. •

   as a free-standing claim for relief, in which case Form N5A with attached particulars of claim will be required—see Precedent: Particulars of claim for relief against forfeiture

2. •

   as a counterclaim in the landlord’s action for forfeiture—see: Defence to claim for possession: right to forfeit denied; with counterclaim for relief against forfeiture: Atkin's Court Forms [134]

3. •

   as a CPR Part 23 application in the landlord’s action—see: Application notice in possession action for relief from forfeiture: Atkin's Court Forms [135]

Relief is not limited to termination of leases, and is equally available for the ending of rights granted by licence provided they are sufficiently ‘possessory’ in nature.

Claiming relief from forfeiture when breach is rent arrears

The process for claiming relief from forfeiture varies depending on the nature of the breach. If a landlord forfeits due to rent arrears, where the application for relief is dealt with in the:

1. •

   County Court, if the forfeiture is by:

   1. ◦

      court proceedings, the application must be made within six months of the date on which the...