The landlord’s right to reclaim possession of the property due to a tenant’s breach of covenant remains a powerful tool, whether used as a means to secure the property for its own use or as a means of securing compliance. However, the law on forfeiture has been described as

“excessively technical and unnecessarily complicated. It is difficult to those unfamiliar with the system to understand what is involved in a forfeiture and what they should do to protect their interests”

Stuart Bridge (Law Commission consultation paper 2004).

Forfeiture can be carried out by taking possession or by issuing Court proceedings.

For Landlords

It is imperative that early advice is sought to ensure that you do not lose your right to forfeit the lease following the breach and that the forfeiture is correctly carried out so that you do not face a claim by your tenants for unlawfully excluding them from their premises. The solicitors at SA Law provided clear and strategic advice to allow you to achieve your objective and eliminating the risks associated with forfeiture.

For Tenants

There may be various potential defences, substantive and technical if you are faced with the threat of forfeiture or have been excluded from your premises. SA Law’s detailed knowledge of the law and procedure will mean that you will be best placed to avoid the disruption to your business that comes from losing possession. Our solicitors response is quick and efficient to ensure the minimum disruption.

Contact Us

For further information or to discuss a particular matter or situation in more detail, please contact the Head of Property Litigation and Partner of SA Law; Lynsey Newman on 01727 798096 or by email at lynsey.newman@salaw.com.