header-logo header-logo

09 May 2019 / Catherine Taskis , Anthony Tanney
Issue: 7839 / Categories: Features , Property , Landlord&tenant
printer mail-detail

Old meets new

Forfeiture: modern issues with an established remedy. Catherine Taskis & Anthony Tanney investigate

  • A landlord seeking to forfeit a lease must ensure that his right to do so has arisen under the terms of the lease and that he does nothing to waive that right before he can exercise it.

Almost all modern leases provide that if the tenant is in arrears of rent, or fails to perform his covenants in the lease, the landlord may re-enter and bring the lease to an end by forfeiture. But the courts have traditionally ‘leaned against’ forfeiture, viewing a landlord’s right of re-entry as simply a security for performance of the tenant’s obligations, rather than a means for the landlord to get the premises back. The best-known aspect of this approach is the court’s extensive jurisdiction to grant the tenant relief against forfeiture, on condition that he makes good his defaults. But the courts will also closely scrutinise whether the landlord is properly entitled to forfeit the lease in the first place, as two recent cases show.

The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll