Forfeiture for breaches of lease except non-payment of rent
Commercial landlords, are you aware that you might be able to end a lease if your tenant breaches terms other than just not paying rent?
Solicitor in our Commercial & Property Litigation departments, Isabella Mason, has penned an insightful article that dives into the complexities of forfeiture for breach of lease. She covers when a landlord has the right to forfeit, the statutory process including Section 146 Notices, and gives examples of both remediable and irremediable breaches. She also explains a tenant’s right to relief from forfeiture and details how landlords can sometimes inadvertently waive their right to forfeit. Understanding these crucial points is essential for safeguarding your interests as a commercial landlord.
“If you are a commercial landlord, you may be able to forfeit your lease (bring the lease to an end) if the tenant breaches terms of the lease for reasons other than non-payment of rent.
Most commercial leases have an express forfeiture clause which applies if the tenant has breached the express obligations (known as covenants) set out in the lease.
If there is no clause in the lease, you will not have a right to forfeit. You may be able to recover possession through other courses of action, but those are beyond the scope of this article..…”
To read Isabella’s full article, visit the link here: Forfeiture for breaches of lease except non-payment of rent – SME BUSINESS NEWS
Disclaimer: General Information Provided Only
Please note that the contents of this article are intended solely for general information purposes and should not be considered as legal advice. We cannot be held responsible for any loss resulting from actions or inactions taken based on this article.
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