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Forfeiture of leases

The economic recession has seen an upturn in the number of tenants breaching the terms of their lease and failing to make payments. One of the options available to the landlord in this situation may be forfeiture of the lease.

Forfeiture is early termination of a lease due to a breach of covenant of the tenant, such as failure to pay the rent. The lease must contain an express clause for re-entry if there is a breach and the landlord must not have waived the breach. In the case of non-payment, forfeiture could lead to an agreement to sub-let or to reassign the lease or to accept a different amount of rent.

The lease can be forfeited by entering the premises or by court proceedings. In either case, before any action is taken, Everys solicitors strongly advise you take early legal advice to protect your position.

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