Looking At A Forfeiture of Commercial Lease?
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If you’re looking for a solicitor to aid in forfeiting a commercial lease, we can help.
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Need legal advice now from a commercial solicitor?
Call, email or provide us with a few details of your matter, and we’ll help you arrange an initial consultation. You’ll get:
- Unlimited time to discuss your forfeiture matter with an experienced solicitor
- An outline of your legal position
- A clear fee-quote and time frame to resolve your matter
Experienced in bringing and defending forfeitures
Ensuring your section 146 notice is served correctly
The correct statutory procedure is followed
Analysis of future risk posed by forfeiture
Commonly asked questions on forfeiture.
Here at Britton and Time, we understand that forfeiture can be a complicated process. Therefore, our expert solicitors have answered some of the most commonly asked questions regarding the topic.
1. What is a forfeiture of commercial lease?
Forfeiture is a landlord’s legal right to prematurely end a commercial lease, as a result of a tenant breaching a covenant in the contract.
This right to forfeit can be found in the tenancy agreement, allowing the landlord to forfeit the lease if they feel the contract has been breached. However, the landlord must also give the tenant reasonable time to remedy the situation, thus giving them a chance to avoid forfeiture of the lease.
Matters that can lead to forfeiture include non-payment of rent and services, or breaches in covenants of the agreement (i.e. damages to the property.)
Due to the Coronavirus Act 2020, forfeiture of commercial leases for non-payment of rent may not be enforced by action or otherwise. This act is due to expire on the 25th of March 2022.
2. How can I successfully forfeit a lease?
To forfeit a lease, the landlord will have to identify a tenant’s breach of the contract. The landlord must raise this issue quickly, otherwise they may waive their right to forfeiture.
If the issue remains unresolved, the landlord must serve the tenant a section 146 notice, which comes from the Law Property Act of 1925. This notice must specify:
- The specific covenant that has been breached. If the breach is non-payment of rent, the landlord does not need to give the notice.
- The amount of time given for the tenant to remedy the issue.
- How much money the tenant owes to compensate for the breach.
If the tenant decides not to remedy the issue within the given time, the landlord must take further action through peaceful re-entry or court proceedings.
Importantly, peaceful re-entry is only an option if the specific breach is non-payment of rent. Yet, if somebody is currently inside or living on the property, the landlord must go through the County Court instead.
3. How long does a forfeiture of commercial lease take?
The length of time needed to forfeit a lease depends on several things. For example, what was the amount of time given to the tenant to fix the breaches? How complex is the issue? Is the tenant contesting the forfeiture?
Our solicitors can solve these issues correctly and efficiently, therefore saving time in the long run. To speak to one of our forfeiture and commercial lease solicitors, please call us on 020 3007 5500.
4. Is forfeiture reversible?
Simply put – no. Once a landlord has committed to forfeiting the lease, it cannot be undone. Therefore, landlords must be certain that forfeiture is the option they wish to pursue.
However, a tenant can apply for relief from forfeiture against the claim of the landlord. If approved, the court can delay or even overturn the forfeit of the lease.
5. How much does a forfeiture of commercial lease cost?
As all scenarios differ in size, the costs of court proceedings depend on the severity of the dispute. Therefore, our solicitors will always require an initial consultation first.
In this initial consultation, our solicitors guarantee:
- Unlimited time to discuss the details of forfeiting a commercial lease and ask any questions you may have.
- An overview of your legal standpoint and available options.
- A clear time and fee estimate on your forfeiture.
To contact one of our forfeiture and commercial lease solicitors, please call us on 020 3007 5500.
Need legal advice now from a commercial solicitor in London or Brighton?
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Meet your commercial property team.
Paul Britton
Head of Commercial Property
Sophie Campbell-Adams
Commercial
Solicitor
Joseph Navas
Commercial
Solicitor
Rory Lindsay
Commercial
Solicitor
Paul Britton
Head of Property Law
Sophie Campbell-Adams
Commercial Solicitor
Joseph Navas
Commercial Solicitor
Rory Lindsay
Commercial Solicitor
Why Britton and Time Solicitors?
Forfeiture is our speciality. Our solicitors have worked on various forfeiture cases, which have given our solicitors an abundance of knowledge and experience in these processes. When it comes to your specific case, we’ll always guarantee:
Award-Winning Service.
You are our priority, and the law is our speciality. Our award-winning commercial solicitors in London and Brighton ensure you know exactly where you stand from a legal perspective so you can make a well-informed decision.
Full Billing Transparency.
No fee surprises. Ever. Our commercial solicitors will inform you from the outset on how much your case will cost, and we will do everything in our power to keep costs down and within your original fee estimate.
Regular Communication.
With fortnightly updates on your case, you’ll never be left in the dark. Our commercial solicitors in London and Brighton ensure you know exactly how your case is progressing and are with you every step of the way.
Our reviews.
It’s not about how good we think our services are; it’s about what you think.
There are three things that make Britton & Time, and in particular Paul, stand apart from other law firms: knowledge, communication and a will to win.
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Need legal advice now from a commercial solicitor?
Call, email or provide us with a few details of your matter, and we’ll be able to help you the same day.