Relief from Forfeiture meaning

In this issue: Residential property HM Land Registry updates Practice Guide 11 and form CNG Leasing property Property development Insurance Property taxes Property in Scotland LexTalk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers Residential property No rent repayment order where sub-tenancies took effect as assignment In Kumar v Kolev [2024] UKUT 255 (LC), [2024] All ER (D) 01 (Sep), the Upper Tribunal (Lands Chamber) (UT) upheld the appellant K’s challenge to a First-tier Tribunal (Property Chamber) (FTT) decision that had made a rent repayment order (RRO) under section 40 of the Housing and Planning Act 2016 in favour of three respondents. That order required K to reimburse them for their occupation of an unlicensed house in multiple occupation (HMO). K had granted a lease of the whole dwelling to a company, LML, on a ‘rent to rent’ arrangement; LML then issued sub-tenancies of individual rooms...

In this issue: Key developments and horizon scanning Repairing obligations and dilapidations Rent and rates Enforcing security and property insolvency Trespass and adverse possession Disputes and remedies Service charges Easements and covenants LexTalk®Property Disputes: a Lexis®Nexis community Additional Property disputes updates Daily and weekly news alerts New and updated content Trackers Key developments and horizon scanning King’s Speech 2024—property measures The 2024 King’s Speech set out property measures anticipated from Labour’s election campaign, including ending ‘no-fault’ evictions in the private rented sector and progressing Law Commission proposals on enfranchisement, commonhold and the right to manage. The supporting background briefing, adding further detail, confirms reforms will include regulating ground rents—trailed during Labour’s campaign but excluded from the Leasehold and Freehold Reform Act 2024 (LFRA 2024)—and also points to abolishing residential forfeiture. That issue has been contemplated for a considerable time: the Law Commission’s 2006 report, ‘Termination of Tenancies for Tenant Default’...

In this issue: Enforcing security and property insolvency Forfeiture Easements and covenants Disputes and remedies Residential tenancies No Weekly Highlights on 24 April 2025 Additional Property Disputes updates LexTalk®Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Latest Q&As Enforcing security and property insolvency The treatment of principal secured debt under a mental health crisis moratorium (Seculink Ltd v Forbes) In Seculink Ltd v Forbes [2025] EWHC 524 (Ch), the High Court explained how the principal amount of a secured debt is dealt with during a mental health crisis moratorium (MHCM) under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020, SI 2020/1311. The court confirmed that the principal of a secured debt does not constitute a ‘qualifying debt’ for the purposes of the Regulations, meaning secured creditors may enforce recovery of...

Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [CTRL]+[F]. This material is not intended to be a comprehensive register of every appeal or major decision relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Tort and negligence ...

What are the issues for a tenant if an intermediate landlord becomes insolvent? This Practice Note considers to whom the rent might be payable, and addresses disclaimer, forfeiture and surrender of the superior lease. Rent payment An insolvent landlord might default on rent owed to its superior landlord. Under the Commercial Rent Arrears Recovery (CRAR) regime, a superior landlord may issue a notice requiring an undertenant to pay rent straight to the superior landlord where the immediate tenant is in arrears, continuing until those arrears are cleared. If the undertenant then does not pay, the superior landlord may exercise CRAR against the undertenant. To promote fairness, where the tenant pays any sum under a notice served by a superior landlord, the undertenant may deduct that sum from the rent due to its immediate landlord, even if the amount has already been paid in full or in part by another person, or the notice has been replaced with one served on a different undertenant (subject to specified exceptions...

Application to set aside a statutory demand served on an individual This Practice Note summarises the appropriate court or tribunal for issuing proceedings across common property dispute applications, such as setting aside statutory demands; opposed and unopposed Landlord and Tenant Act 1954 lease renewals; interim rent; assured and assured shorthold tenancy possession; light obstruction notice procedure; forfeiture; lease extensions and collective enfranchisement under the Leasehold Reform Housing and Urban Development Act 1993 and Leasehold Reform Act 1967; boundary disputes; appeals from party wall awards; trespasser (squatter) possession and/or injunctions; enforcement of possession orders; Electronic Communications Code matters; modification of restrictive covenants; service charge dispensation; terminal dilapidations; proceedings for unreasonable withholding of consent; and rent review arbitration appeals... Type of PD application — Court/Tribunal — Authority — Further detail Application to set aside a statutory demand served on an individual — County Court, or in certain circumstances the High Court. County Court: The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 10.4(4), 10.11,...

1 By virtue of a lease dated [ insert date ] made between [ insert landlord name ] and [ insert tenant name ] [ and [ insert guarantor name ] ] (‘the Lease’), the Defendant granted to the Claimant the premises described as [ insert description of premises ] (‘the Premises’) for a period of [ enter length of term eg 5 years ] commencing on [ insert term commencement date ] at [ an initial ] yearly rent of £[ insert annual rent ] per annum. The Claimant will rely on the Lease at trial for its complete terms and effect...

If a lease was granted at undervalue, you are the 3rd owner, and you knew it was at undervalue, if creditors ask for an order returning the property to the original owner you cannot claim relief? Transactions at an undervalue (TUVs) are regulated by the Insolvency Act 1986 (IA 1986). The relevant provisions are: sections 238, 240 and 241 of the IA 1986 for companies sections 339 to 342 of the IA 1986 for individuals These powers are available to trustees in bankruptcy, liquidators (in both compulsory and voluntary liquidations), and administrators. They permit the office-holder to review dealings made by the insolvent person or company in the lead-up to insolvency and to assess whether assets should be recovered for the insolvent estate. In particular, an order under: section 241 of the IA 1986 (for companies), or section 342 of the IA 1986 (for individuals) cannot be made against the other party to a...

Forfeiture Forfeiture is a contractual mechanism that permits a landlord to terminate a tenancy when the tenant breaches the tenancy terms. This can be achieved either by peaceable re-entry to the property or by starting court proceedings. The tenant retains the ability to seek relief from forfeiture. This Q&A does not clarify whether the lease in question is commercial or residential. For commercial lettings, a landlord cannot exercise forfeiture without first serving a notice under section 146 of the Law of Property Act 1925, setting out the breach and requiring the tenant to remedy it. However, no section 146 notice...

Rights when assignee’s lease forfeited because of a former leaseholder’s breach An assignee’s personal exposure for breaches committed before a lease is assigned is restricted, and a tenant will generally be responsible only where the lease contains an express covenant dealing with those breaches and allocating liability. Without such an express term, the landlord has no covenant to pursue against the assignee for defaults that were fully committed prior to the assignment of the lease. Forfeiture, by contrast, is a proprietary remedy rather than a personal one under the lease. It can be exercised by a landlord against a tenant for breach of covenant under that lease. See Practice Note: ....