Comments on: Wave goodbye to your right to forfeit

By: Nigel

Nigel — Wed, 25 Aug 2010 18:43:09 +0000

What a tremendous site for both landlords and tenants. I am a lanlord and have a tenant who has defaulted on a commercial lease approx half way through it’s term, he left the property owing a full qtrs rent £4000 and approx £5000 of damge to windows and interior fittings. I have issued him with a default of lease notice which has now expired and now I want to take to court for the oustanding rent and the expenses I’ve incurred to put the property back in to a rentable condition. My question is this, if I take him to court and win and he still doesn’t pay what can I do then?? Or am I just left with a legal bill and no of enforcing payment from him?? Many thanks for your help.

By: Paul Jones

Paul Jones — Mon, 09 Aug 2010 12:36:12 +0000

Good Afternoon
We are a sub tennant in a commercial property and have recently defaulted in paying our rent.
A couple of weeks ago we turned up to the property to find out the locks had been changed.
We struck a deal with the property owner stating as long as we pay a set amount each week we can have the keys back.
We have now done the deal but have now received a bill from our immediate landlord for £750.00 for bailiffs fees and a locksmith fee.
We did not have any warning to say they were coming is there fee lawful.

By: Emma Doye

Emma Doye — Sun, 08 Aug 2010 10:52:27 +0000

Following on from my previous query, I have written to the landlord and his solicitor seeking to gain a peaceful and less. mostly resolve to the peaceable re-entry.
The solicitor is demanding costs for new door etc.,, but is also seeking costs for preparing a Schedule of delapidation 3 years ago, another schedule (which I argue was a waste of time as its purely an inventory of a building site -as the builders absconded mid job) as well as their fees and other quantified amounts and my preparation of a deed to negotiate. These costs are several thousands (versus the £800 insurance which was queried by us and paid as soon as able) these costs would easily eat up 25% of the finance we’ve managed to raise to complete the works on the project and place the success of the completion in serious jeopardy.
How would you advise we best proceed to gain back our building (which we owned on a 999 year lease) quickly and cost effectively?…(the solicitor says they will “robustly oppose any attempt to fight their terms of re-entry).
Your best advice would be greatly appreciated.

By: Janet Smith

Janet Smith — Mon, 26 Jul 2010 12:15:00 +0000

Our landlord was advised of a meeting of creditors in order for our company to enter into a CVA. On the Friday before the meeting (to be held at 10am Monday) after we had left the office, the Landlord placed a forfeiture notice on our door and changed the locks. Our CVA creditors meeting had to be held in the stairwell of the building and granted. The landlord is not allowing us access to remove our files and contents. We have requested 2 days to dismantle & move everything, however the solicitor has come back to us twice 1 day before the day they say we can go in. What can we do?

By: Zeev Pollack

Zeev Pollack — Wed, 30 Jun 2010 16:32:40 +0000

Does a ‘rent authority letter’ (following the transfer / new ownership) in itself amount to a waiver?

For example: rent due 25 June, rent authority letter for new landlord sent on 1 July, tenant doesn’t pay and the 14 days to forfeiture for non payment expire on the 10 July, may new landlord forfeit for non payment?

By: Owen McKenna

Owen McKenna — Sat, 22 May 2010 10:14:20 +0000

The fact that the outstanding arrears have been tendered and cashed by the landlord after peaceable re-entry has been affected does not amount to a waiver of forfeiture because forfeiture cannot be waived after the event. It is also worth noting that forfeiture only concerns performance of ongoing or future obligations, it does not relieve the tenant from liability for existing breaches at the time of the forfeiture so the arrears remain due and owing.

However, assuming that this lease was forfeited solely on the grounds of non-payment of rent, the fact that the arrears have been paid may be sufficient to entitle the tenant to obtain for relief for forfeiture provided that the tenant is still within the six months deadline for making that application. Although I would point out that relief from forfeiture is an equitable remedy which is at the discretion of the Court and it is common for the Court to require the tenant to pay any interest on the arrears and the costs of forfeiture as a condition of granting relief where the lease has been forfeited for non-payment of rent. It may well be that in this instance the court will also impose further conditions relating to remedying any other existing breaches (such as the insurance and repairs) even if they were not originally relied upon as grounds for forfeiture.

By: Emma Doye

Emma Doye — Tue, 11 May 2010 22:32:48 +0000

I have a 999 year lease on a property. 3 years ago the insurance on the premises was withdrawn and I was instructed to sort my own insurance and a schedule of delapidations imposed. We began work to repair the premises, but eventually ran out of money. We recently received a letter requesting money (for 3 years insurance, although this was not stated) and then our lease forfeited and peaceful re-entry effected for non payment (of rent). Demand was then made for further costs. Whilst corresponding with the lawyer we also sent a cheque to the landlord, which he has cashed. Does this thus constitue a waiver of forfeiture? If so can I just demand return or supply of the new keys (door and lock was changed on re-entry). Long winded, I know, but your advice would be appreciated.

By: Owen McKenna

Owen McKenna — Mon, 12 Apr 2010 16:33:21 +0000

James

Your contractual relationship remains with your immediate landlord and therefore unless you take an assignment of the headlease you will not have a direct contractual relationship with the headlandlord. Under the terms of your sublease I would expect that you will be required to continue to pay the rents and perform the sub-lease covenants for the remainder of the sub-lease term or until the sub-lease is assigned by you or determined early by agreement (i.e. by way of a surrender).

Regards

Owen

By: James

James — Wed, 07 Apr 2010 15:29:37 +0000

Just a quick query, we are a sub tenant in a commercial premises (A2), our head landlord has gone into receivership, we were in the process of assigning the lease for a longer term on the Landlords behalf, are we still liable for the rent until the conclusion of our lease or can we walk away and take another premises as I have no idea who or what the new landlords will be like if the bank sells the property on.

Thanks for your help in advance.

James

By: Lorraine Gordon

Lorraine Gordon — Tue, 23 Feb 2010 17:29:19 +0000

My landlord forfeit my shop lease meanwhile i was sick in hospital he had six months deposit for me and i owed him for six months 24th february 2010. romorrow i still have 13 years remainingon lease can i get any money from the landlord for remaining time or what else can i do to recover some money from this lease i have paid a lot of money for this shop lease please help