Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Forfeiture definition

What does Forfeiture mean? Forfeiture describes the loss of a right, estate or property because of breach, wrongdoing or a statutory power, so the holder’s title or right to possession ends without compensation. It is a descriptive term used across several areas of practice, with detailed rules set by legislation and case law. In landlord and tenant law, forfeiture of a lease (England & Wales and Northern Ireland) allows a landlord to end the tenancy for breach where a forfeiture clause exists. Except for rent arrears, a section 146 notice is generally required and the landlord must re-enter peaceably or obtain a court order....

Forfeiture of leases in administration: lifting the moratorium, key case law and factors for landlords (England and Wales)

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

This Practice Note examines the interplay between the statutory moratorium in Schedule B1 to the Insolvency Act 1986 (IA 1986), which stays most creditor or third-party steps against a company in administration, and a landlord’s ability to exercise its proprietary right of Forfeiture under the company’s lease. For an outline of the moratorium that applies on administration, see Practice Note: The moratorium in administration. This Practice Note is concerned with obtaining relief from the moratorium so that a landlord may forfeit a lease; it does not cover other Enforcement routes, eg commercial rent arrears recovery. For more detail, see Practice Note: Recovering rent arrears.

Introduction to forfeiture

Where a tenant does not pay rent under a lease, the landlord may seek to determine the lease either by applying to the court or by peaceable re-entry. Ordinarily, the landlord’s forfeiture powers arise from the lease, and a well-drafted lease will include express forfeiture provisions. Alternatively, the landlord may rely on an implied right of forfeiture if the tenant disputes the landlord’s title or breaches a lease condition, although in practice this is unusual...

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Web page updated on 21/05/2026

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