Jurisdiction(s):
United Kingdom

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....

Disclaimed Headlease (No Vesting): Subtenant Exit & Dilapidations

Read full title

Published by a LexisNexis Property Disputes expert

Q&As

A person with an interest in property that has been disclaimed (for instance, a sub-tenant) retains that interest on the same terms and subject to the same rights and obligations as if no disclaimer had occurred. If they carry out the tenant’s obligations under the disclaimed lease, they cannot be removed; if they do not, the landlord may distrain or forfeit—as explained by Lord Nicholls in Hindcastle Ltd v Barbara Attenborough Associates Ltd: the sub-tenant’s interest is unaffected by the determination of the tenant’s interest. Thus the sub-tenant holds the estate on identical terms, and remains subject to the same rights and obligations, as would apply if the tenant’s interest had continued. If they pay the rent and perform the tenant covenants in the disclaimed lease, the landlord cannot evict them. If they fail to do so, the landlord may distrain upon their goods for the rent reserved by the disclaimed lease or commence forfeiture proceedings...

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 27/05/2026

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 ]...