Relief from forfeiture

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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 19th May
Q&As
When purchasing property (either freehold or leasehold, residential or commercial), usually a deposit is payable on exchange of contracts, which will...
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Produced in partnership with Kate Andrews of Hamlins 19th May
Practice notes
A surrender by operation of law (or ‘implied surrender’) occurs when the unequivocal conduct of both parties is inconsistent with the continuation of...
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19th May
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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19th May
Practice notes
This Practice Note explains how to ascertain the location of property boundaries: the general boundaries rule that applies to HM Land Registry title...
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19th May
Q&As
This Q&A addresses the question of when a landlord, having served notice on a former tenant or a guarantor for payment of arrears pursuant to the...
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Produced in partnership with Alex Campbell of Arden Chambers 19th May
Practice notes
This Practice Note sets out what interim rent is, when an interim rent application can be made under the Landlord and Tenant Act 1954 (LTA 1954) and...
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19th May
Practice notes
This Practice Note considers the remedy of rectification for unilateral mistake. For rectification for common mistake, see Practice Note:...
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19th May
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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19th May
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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19th May
Q&As
Pursuant to section 12 of the Torts (Interference with Goods) Act 1977 (T(IG)A 1977), involuntary bailees of goods are afforded the ability to sell...
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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 19th May
Practice notes
This Practice Note discusses issue that arise in proprietary estoppel in a property context. For a general discussion of proprietary estoppel, see...
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19th May
Q&As
Assuming that the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) claim is to proceed as a CPR 7 claim (a CPR 8 claim—for which...
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Produced in partnership with Desmond Kilcoyne of 42 Bedford Row 19th May

Most recent Relief from forfeiture content

Practice notes
Quick guide to where to issue common property dispute applicationsCoronavirus (COVID-19): During the current pandemic, legislation and changes to...
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18th Aug
Precedents
Particulars of claim for relief against forfeiture1By a lease dated [insert date] between [insert landlord name] and [insert tenant name] [and [insert...
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10th Aug
Q&As
Is it possible to forfeit an equitable lease (due to failure to register where the term exceeds seven years), assuming the lease contains a forfeiture...
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Produced in partnership with Desmond Kilcoyne 10th Aug
Q&As
What happens if a landlord forfeits a lease and grants a new lease of premises to a new tenant, and the original tenant then applies for relief?The...
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10th Aug
Q&As
Where a residential lease is forfeited by court proceedings but the tenant later pays all outstanding sums and the landlord agrees to the lease being...
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Produced in partnership with Kate Andrews of Hamlins 10th Aug
Q&As
What effect does forfeiture have on the following: breaches of covenant and losses that may be due on foot of such breaches? Outstanding Service...
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10th Aug
Q&As
In the event that a headlease is forfeited but the subtenant subsequently enters into a tenancy at will, if they previously had a tenancy under the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 10th Aug
Q&As
Is it possible for a superior landlord to forfeit a lease in respect of breaches of covenant by a subtenant?This Q&A refers to a lease of a commercial...
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10th Aug
Q&As
When a lease is forfeited does the sub-lease determine automatically?The general common law principle is that when a lease comes to an end any...
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10th Aug

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