Forfeiture of Leases in England and Wales: Procedural Guide—s 146 Notices, Waiver, Court or Re‑Entry, Relief and Post‑Forfeiture Steps

Published by a LexisNexis Property Disputes expert

Practice notes

This Practice Note sets out, in order, the practical steps involved in forfeiture. With a flowchart and explanations at each stage, it provides guidance across the full process and includes notes beneath the flowchart with further guidance on each step.

Deciding whether to forfeit a lease
Checking the landlord’s entitlement to do so
Serving notices
The forfeiture action itself
Follow-up steps
Relief from forfeiture
Reletting

Consider whether forfeiture is suitable

Before choosing forfeiture, consider practical factors such as the landlord’s intentions for the property, the current market rent (if relevant), and the tenant’s financial position. These, and other issues, are discussed in Practice Note: Forfeiture of a lease—Practical considerations before forfeiting. Also remember that any sublease will come to an end (subject to the right to seek relief from forfeiture, and to the rights of residential sub-tenants with security of tenure). See Practice Note: Forfeiture of a lease—Effect of forfeiture.

Check that there is a relevant covenant

Leases are commonly forfeited for breach of a tenant covenant, most frequently non-payment of rent. It is essential to ensure there is a relevant covenant...

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Web page updated on 21/05/2026

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Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...