Forfeiture & Grounds for Relief

Legal disputes involving forfeiture can arise where the tenant has breached a condition of the lease and the landlord issues for forfeiture. The right to forfeiture is not automatically granted and must be expressly provided in the lease otherwise it can only be enforced if the tenant has breached a ‘fundamental requirement of the contract’. As a result of a forfeiture of a lease the tenant may be able to seek relief causing a further dispute. At Wilkes, we provide expert legal services to help you navigate these disputes, protecting your rights and achieving fair outcomes.

How We Can Help

Forfeiture of lease

The right of a landlord to forfeit a lease can only be exercised if it is expressly provided for within the lease or a fundamental requirement of the contract has been breached. These can include failure to pay rent, breach of any covenants, or they have let the property fall into a state of disrepair.  If any of this appears to apply to you, our team is here to help.

  • Enforcing forfeiture: We help you enforce your right to forfeit a lease.

Grounds for relief of forfeiture

If you are a tenant and your landlord has unfairly forfeited your lease you may be entitled to apply for the relief under s146(4) of the LPA 1925. The court will exercise its discretion when considering all the facts and will use the same factors as used when deciding to enforce a forfeiture. This remedy is often used where the breach of covenant the landlord is relying on does not relate to the non-payment of rent.

  • Defending claim: We help advise on the grounds on which you can apply for relief once the landlord has forfeited the lease.
  • Enforcing relief: We help enforce the relief given by the court.

How We Work With You

  • Initial Consultation: We begin with a thorough consultation to understand your situation and provide tailored advice on the best course of action.
  • Thorough Investigation: We gather all necessary evidence, such as deeds and surveys, to build a strong case that supports your interests.
  • Clear Communication: Transparency is key; we keep you informed of every development, ensuring you understand each step of the process.
  • Strategic Planning: We create a tailored strategy, whether through negotiation, mediation, or litigation, to resolve your dispute with minimal disruption to your life.
  • Ongoing Support: Even after resolution, we continue to offer support and advice to help prevent future disputes and protect your property rights.

Speak to a lawyer today

On 0121 233 4333 or request a callback

Why Choose Us

By partnering with Wilkes, you benefit from:

    • Expertise in Property Law: Our experienced solicitors possess deep knowledge of property law, enabling us to handle even the most complex ownership disputes with up-to-date legal insight.
    • Client-Centred Approach: We prioritise your needs by working closely with you, offering clear and regular communication to keep you informed and involved throughout the process.
    • Efficient Dispute Resolution: We focus on resolving disputes swiftly and effectively, tailoring our strategies to your unique circumstances to protect your rights and achieve the best possible outcome.

Meet the team

Senior Associate, Corporate

Solicitor, Corporate

Associate Solicitor, Corporate

Solicitor, Corporate

Senior Partner, Corporate

Consultant, Corporate

Senior Associate, Corporate

Senior Associate, Corporate

Partner, Corporate

Speak to a lawyer today

On 0121 233 4333 or contact us below.

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