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Our Services
Relief From Forfeiture
Our property dispute solicitors can help you with relief from forfeiture.
What is Forfeiture?
The ability to Forfeit a Lease enables a landlord to re-enter their property, following a Breach by the Tenant, and by doing so, Terminate the Lease. Depending upon the reason for Forfeiture, termination can take place with immediate effect or following a period of notice.
A common reason for termination is non – payment of Rent. This can lead to the landlord exercising their right to peacefully re-enter the property, which means taking possession and changing the locks. The landlord can also seek to Forfeit the Lease by way of Court proceedings.
Other breaches may lead to the issuance of a S.146 Notice. This will usually give a tenant a specified time to Remedy a Breach of the Lease. Failure to remedy, Breaches of the Lease can result in Court proceedings for Forfeiture.
What is Relief From Forfeiture?
Relief from Forfeiture is when a tenant has a legal right to apply to the Court to have Forfeiture set aside.
Relief From Forfeiture – Non-Payment of Rent
If the landlord exercises their right of Forfeiture by issuing Court proceedings:
- The tenant has an automatic right to relief provided they pay all arrears, interest and the Landlord’s legal costs by no later than five clear days before the hearing.
- If a tenant fails to obtain automatic relief at their first opportunity, the Court will agree to the landlord re-entering the premises at a specified future date. In the meantime, the tenant has a further automatic entitlement to relief if they pay all arrears, interest and the Landlord’s legal costs by the re-entry date.
- If the tenant does not obtain automatic relief at the second opportunity, they have a right to apply for relief within six months of the landlord taking back possession of the premises. In these circumstances, the Court will usually grant the relief sought if the tenant has cleared the arrears, paid the interest and the landlord’s legal costs, and the Court is satisfied that they will not breach the terms of the lease going forward.
Where a landlord has proceeded with forfeiture through peaceable re-entry:
Usually, the first time that a tenant becomes aware of this is likely to be when it turns up to open the premises on a business morning to find that the locks have been changed and there is notice to that effect.
- An application to the Court for Relief from Forfeiture will need to be made as soon as possible
The arrears of rent together with the landlords legal costs will need to be paid - The Court will need to be satisfied that the tenant will not breach the lease again
- It should be noted that the Court’s consent will need to be obtained even if the landlord and tenant agree to the relief
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What is Wrongful Forfeiture?
A landlord can only exercise the right to Forfeit if such a right exists. A Forfeiture maybe wrongful if the Right does not exist or the landlords conduct is such that they have waived the Right to Forfeit.
In such cases the usual application to Court would be for:
- A declaration that the Forfeiture was wrongful
- An injunction to allow re-entry to the premises
- Damages for losses resulting from the wrongful Forfeiture which may include loss of profits and /or trespass and breach of quiet enjoyment
What is the Relief From Forfeiture Time Limit?
The time limit for a Relief from Forfeiture application depends on the type of Breach.
For example, if the Breach is for non-payment of rent, the Relief from Forfeiture application must be made within 6 months of the landlord taking back possession of the property. However, there should not be unreasonable or unexplained delay in making the application as failure to make the application as soon as practicably possible may result in the Court refusing the application even if it is made within the 6-month time period.
For other Lease Breaches, relief must be made before possession is taken by the landlord.
Why Use Thomas Harvey?
Our team of property dispute solicitors specialises handling in a wide range of relief from forfeiture cases, involving lease breaches and more.
With years over 30 years of experience in Relief from Forfeiture applications, we have the expertise to guide you through the process whilst ensuring the best possible outcome is achieved.
Our Approach To Relief From Forfeiture
STEP 1
Case Evaluation
To understand the full details and the strength of your claim we will start by carefully evaluating your case. This involves putting together all necessary information and evidence to create a clear picture of your claim.
STEP 2
Diligent Preparation
Once evaluated, we will prepare by creating a strong foundation for your claim. We will gather all detailed documentation, if applicable seek expert advice, and formulate a plain specific to your unique circumstances.
STEP 3
Robust Representation
With careful preparation, we provide robust representation to advocate for your interests. Our property dispute solicitors are dedicated working on your behalf, whether through negotiation, mediation, or litigation, to achieve the best possible outcome for your case.
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Our approach to handling contract disputes involves a thorough evaluation of the case, diligent preparation, and robust representation.
Our Accreditations
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Our Accreditations
“Great service, expert in his field.”
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Mr C | Wetherby “Great service with a no-nonsense honest approach to your needs. High level highly experienced solicitors so you know you’re in immensely capable hands. Happy to recommend and to continue engaging.”
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Ms B | Leeds “…I am very confident in you and happy that I chose [Steven]. I know you can be a great help to me…”
Ms F | Leeds
“…I have been truly impressed by your kindness and empathy within the legal department. [Steven has] a remarkable ability to understand and support others through their difficulties…”
Anonymous
“Navigating legal complexities can be daunting, but finding the right support makes all the difference. Expert advice and unwavering support provided clarity during a challenging time. The firm’s dedication and professionalism were truly invaluable. Stevens commitment to clients is evident in every interaction. I wholeheartedly recommend their services to anyone seeking exceptional legal guidance.”
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Anonymous “
Steven is a top litigator who provides sensible help & advice.
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Anonymous “
I approached Thomas Harvey with some intrepedation knowing that you were a large practice.
Your customer care quickly eradicated my concern…In sum you listened and applied your considerable legal skills in a committed manner to help your client and one cannot ask for more. As for your charges you provided detailed records to a standard something I have never experienced before. That said, perhaps the word which best applies is exceptional. I would also add that the support provided by Lucy was equally exceptional.
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