Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Relief from Forfeiture definition

What does Relief from Forfeiture mean? Relief from forfeiture is the application made after a landlord has terminated (forfeited) a lease for breach—most commonly non‑payment of rent—asking the court to reinstate the tenant’s lease; a sub‑tenant or mortgagee may instead seek a vesting order or a new lease for the residue of the term to protect its interest. Applications are often made in, or alongside, possession proceedings. In England and Wales it is a discretionary, equitable remedy supplemented by legislation (including the section 146 Law of Property Act 1925 notice regime for non‑rent breaches and specific rules for rent arrears under the County Courts Act 1984). The...

Relief from forfeiture for breaches other than rent arrears under LPA 1925 s 146: procedure, timing, factors, terms, and rights of subtenants and mortgagees (England and Wales)

Published by a LexisNexis Property Disputes expert

Practice notes

This Practice Note outlines the procedure for obtaining relief from forfeiture for any breach other than rent arrears, the matters the court will consider when deciding an application for relief, the conditions attached to relief from forfeiture, and the ability of subtenants and mortgagees to apply for relief. A tenant who is threatened with, or already facing, forfeiture may seek relief. If relief is granted, the lease is revived as though it had never been terminated. The procedure for pursuing relief against forfeiture differs according to the nature of the breach. This Practice Note sets out the position relating to forfeiture for breaches other than non-payment of rent. If the breach concerns rent arrears, see Practice Note: Relief from forfeiture for rent arrears.

Which interests does relief from forfeiture apply to?

Relief is not confined to the termination of leases. It is also available in relation to agreements for lease (where the tenant is entitled to the grant of the lease), and to rights conferred by licence, provided they are sufficiently possessory in character. The requirements for relief to be available are:

the agreement grants either proprietary or possessory rights over land
the forfeiture provision must...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

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 ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

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 ]...