Relief from Forfeiture definition

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Landlord’s remedies for change of use without consent

Landlord’s remedies for change of use without consent This Practice Note explains the remedies a landlord can seek when a tenant is breaching a covenant about the use of the property: forfeiture, an injunction and/or damages. For guidance on covenants restricting use and when consent to a change can be reasonably withheld, see Practice Note: Permitted use, change of use and preventing a competing use — leases. Forfeiture Using the demised premises for a prohibited purpose without consent is a breach which (on usual lease terms) gives rise to a right to forfeit the lease. The tenant may seek relief from forfeiture, in the usual way. If there is no application for relief, though, forfeiture will end the lease and any sublease granted out of it. For more information, see Practice Notes: Forfeiture of a lease and Relief from forfeiture for breach of covenant. Injunction In a falling or weak market, the landlord may be reluctant to forfeit, especially if it thinks the tenant would not apply...

Disclaimer of a lease—impact on landlords, tenants and third parties

Disclaimer of a lease—impact on landlords, tenants and third parties This Practice Note covers what happens to a lease on disclaimer, the impact on landlords, tenants, sub-tenants, former tenants and guarantors, and the effect of a vesting order. Ending the tenant’s interest in the lease A liquidator or trustee in bankruptcy has the power to disclaim onerous property and contracts. Where a tenant has become insolvent it is highly likely that a lease of its business premises will represent onerous property, and that rent arrears are among the tenant's outstanding debts and obligations. For the process of disclaimer, see Practice Note: The process of disclaimer by a liquidator or trustee in bankruptcy under sections 178 or 315 of the Insolvency Act 1986. Disclaimer by the liquidator or trustee in bankruptcy terminates the rights, interests and liabilities of the tenant under the lease, from the date of disclaimer. If the tenant is the only party with an interest or liability in respect of the lease, it will...

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Particulars of claim for forfeiture for breach (other than rent arrears)

Particulars of claim for forfeiture for breach (other than rent arrears) 1 The Claimant is the [freehold OR leasehold] owner of the premises known as [insert description of premises] (‘Premises’) and is entitled to possession of the Premises. The Defendant is the tenant of the Premises. 2 By a lease dated [insert date] between [insert landlord name] and [insert tenant name][ and [insert guarantor name]] (‘Lease’), the Premises were let for a term of [insert term eg 5 years] from [insert term commencement date] at an [initial] rent of £[insert amount of annual rent] per annum. The Claimant will refer to the Lease at trial for its full terms and effect. 3 Pursuant to clause [insert clause reference] of the Lease the Defendant covenanted to [insert description of tenant obligation]. 4 In breach of the Lease the Defendant has [insert details of breach of covenant]. 5 On [insert date of service of section 146 notice] the Claimant served upon the Defendant a notice pursuant to section 146...

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Property weekly highlights—17 April 2025

This week's edition of Property weekly highlights includes: cases on relief from forfeiture granted to residential sub-tenants of a mixed-use building and stamp duty land tax, new versions of the MCL leases, an update from HM Land Registry on its registration service and a Property and Related Services Threat Assessment Report on financial sanctions.

Lexis®PSL Dispute Resolution weekly highlights—22 December 2016

Welcome to the weekly highlights from the Lexis®PSL Dispute Resolution team for the week ending 22 December 2016—our final highlights for 2016. This week, we feature our interactive resource guiding customers through the key Dispute Resolution cases and developments of 2016 and the 87th update to the CPR. We highlight news and analysis on a broad range of matters, including: proprietary freezing orders (Marino); case management (Simpson); applicable law (Banca Santander Totta); cause of action estoppel (Mandic-Bozic); LIBOR claims (Property Alliance); and adjudication (Octoesse). We also identify relevant News Analysis from other Lexis®PSL practice areas, the latest substantive amendments to our core content, new Q&As and recent posts on the Dispute Resolution blog. All this, and more, in our weekly highlights. We’d like to thank our customers, contributors and Editorial Board for their support this year, and wish you all a very pleasant festive break. See you all in 2017!