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Forfeiture provides the right for a landlord to enter the property let to the tenant and reclaim ownership prior to the contractual termination of the lease due to the tenants default. It is arguably a draconian measure and one which the Law Commission has looked into revising although at the time of writing no measures have been put in place to supersede this right of action.
It is important that the obligations necessary to be entitled to take forfeiture action have been complied with and that no action has been taken which waives the right to forfeiture.
In particular it is imperative to note the substantial differences that exist between residential long leases and commercial properties. You need to be aware that when a property has mixed use it is treated as a residential tenancy rather than a comparison being made with a commercial lease.
David Richards, Senior Associate in Brethertons Defended Litigation Team has written a white paper which sets out the considerations you need to have when weighing up if forfeiture may be an appropriate way forward for the landlord.
The contents of the white paper, covers: