Relief From Forfeiture

• Published date: 27 April 2023
• Subject Matter: Real Estate and Construction, Landlord & Tenant - Leases
• Law Firm: Myerson Solicitors LLP
• Author: Myerson Solicitors LLP

Forfeiture of a lease is a useful right for a landlord; however, a landlord should exercise caution and seek legal advice as the tenant can apply for relief from forfeiture.

A lease will include tenants' covenants, amongst others, to pay the sums due under the lease (such as rent, service charge and insurance), to keep the property to a certain level of repair and condition, and not to assign or sub-let the property without the landlord's consent.

If the tenant breaches the covenants, the landlord may wish to re-enter the property and end the lease.

The lease may also allow the landlord to re-enter the property in other circumstances, such as when the tenant suffers an event of insolvency.

Where a landlord seeks to end a lease by re-entering the property following a breach of covenant by the tenant, the tenant can apply...