Forfeiture is a right given to the landlord i.e. to bring a lease to an early end in the event of a breach of the leaseholder’s contractual obligations (‘covenants’) as set out in the lease.

If a tenant has breached the terms of a lease to such a degree, the landlord may act as though the lease has become void.

If exercised to its ultimate conclusion, the leaseholder and any interested parties (mortgage lenders, sub-tenants) lose any rights regarding the property without compensation and the landlord can gain a very valuable windfall.

Covering Topics

  • Overview
  • Checklist for Managing Agents
  • Waiver
  • Who Can Do It?
  • When Does the Right Arise?
  • Forfeiture for Non-Payment
  • Small Debts
  • Ground Rent
  • Service Charges/Insurance/ Administration Charges
  • Monies Reserved as Rent
  • Determining the Breach: Court or FTT?
  • Forfeiture for Other Breaches
  • Forfeiture: How It Works
  • Mesne Profits
  • Costs
  • Relief from Forfeiture
  • Leaseholders' Rights
  • Other Remedies
  • Further Information

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