Hurdling: The law of forfeiture

01 May 2013, 12:00 am

When the Law Commission last examined the law of forfeiture, it found it to be complex, lacking coherence and transparency, excessively technical, unnecessarily complicated, and capable of causing injustice.

In this seminar, we demystify forfeiture by: looking at first principles; examining common law and statutory restrictions to forfeiture, and considering the tenant’s options.

The right to forfeit

  • Historic Context
  • Forfeiture/Repudiatory Breach/Surrender
  • Requirement for a forfeiture proviso

Establishing breach

  • s146 notices
  • Methods of forfeiture
  • Business tenancies – Commercial considerations
  • The former tenant’s chattels

Residential leases – Particular considerations

  • Types of residential lease to which forfeiture applies
  • Forfeiting for failure to pay rent
  • Forfeiting for failure to pay service charge
  • Other breaches of residential lease
  • Method of forfeiture – Protection from Eviction Act 1977
  • Other statutory restrictions

Countering forfeit

  • Waiver
  • Relief