Lease forfeiture solicitors
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Contact our teamLease forfeiture is a powerful legal remedy available to landlords when tenants breach the terms of their lease agreement. However, the process is complex and must be handled with care to avoid legal pitfalls.
Whether you are a landlord considering forfeiture or a tenant facing the threat of losing your lease, it’s crucial to seek expert legal advice. At Moore Barlow, our experienced lease forfeiture solicitors are here to guide you through the process, protecting your rights and ensuring the best possible outcome.
For landlords, forfeiture can be an effective way to regain control of a property when a tenant fails to meet their obligations. For tenants, the consequences of forfeiture can be severe, potentially leading to the loss of business premises or your home and significant financial damage. Our team is committed to providing clear, strategic advice tailored to your specific circumstances, helping you navigate this complex area of law with confidence.
With extensive experience in handling lease forfeiture cases, in both the commercial and residential sectors, we offer bespoke legal solutions that address the unique challenges of each situation. Our approach is focused on achieving a fair and cost-effective resolution, whether you are pursuing or defending against forfeiture.
What is lease forfeiture?
Lease forfeiture is the legal process by which a landlord can terminate a lease and regain possession of a property due to a tenant’s breach of the lease terms. Common reasons for forfeiture include non-payment of rent, unauthorised alterations, or failure to comply with other covenants outlined in the lease agreement.
Forfeiture can be carried out either through peaceable re-entry, where the landlord physically retakes possession of the property, or through court proceedings. However, the process is governed by strict legal requirements, and any misstep can lead to significant legal and financial consequences for the landlord.
The lease forfeiture process
At Moore Barlow, our lease forfeiture solicitors provide expert guidance through every stage of the forfeiture process.
Serving notice
For most breaches, except non-payment of rent, the landlord must first serve a Section 146 Notice, giving the tenant an opportunity to remedy the breach or pay compensation. This notice must clearly outline the breach and require the tenant to resolve the breach to avoid forfeiture.
Peaceable re-entry
In some cases, landlords may opt for peaceable re-entry, where they retake possession of the property without court proceedings. This is typically used in cases of non-payment of rent. However, landlords must exercise caution, as unlawful re-entry can result in legal action against them.
Court proceedings
If the tenant fails to comply with the notice, or if peaceable re-entry is not appropriate, the landlord can initiate court proceedings to obtain a possession order. This legal process ensures that the forfeiture is carried out lawfully.
Relief from forfeiture
Tenants may apply for relief from forfeiture, which, if granted by the court, allows them to regain possession of the property by remedying the breach and paying the landlord’s costs.
Our team works closely with clients to ensure that the forfeiture process is handled correctly and efficiently, minimising risks and ensuring compliance with all legal requirements.
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What happens after forfeiture of lease?
After the forfeiture of a lease, the landlord regains possession of the property, and the tenant must vacate. The tenant may apply for relief from forfeiture to regain the lease if they remedy the breach and cover the landlord’s costs, subject to court approval.
How we can help with lease forfeiture
At Moore Barlow, we offer comprehensive legal support for both landlords and tenants involved in lease forfeiture.
For landlords
We assist landlords in navigating the complexities of the forfeiture process, from drafting and serving Section 146 Notices to representing you in court proceedings. Our goal is to help you regain possession of your property while minimising legal risks.
For tenants
We provide robust defence strategies for tenants facing forfeiture, including negotiating with landlords, applying for relief from forfeiture, and representing you in court. Our aim is to protect your business and secure the best possible outcome.
With our deep understanding of property law and extensive experience in lease forfeiture cases, we provide tailored legal solutions that meet the unique needs of each client.
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Who we help
At Moore Barlow, our lease forfeiture solicitors assist a wide range of clients involved in both commercial and residential property disputes:
- Commercial landlords: We help commercial landlords enforce lease terms and regain possession of their property when tenants breach their obligations. Our expertise ensures the forfeiture process is handled smoothly and legally, protecting your investment.
- Commercial tenants: We provide robust defence strategies for commercial tenants facing lease forfeiture, helping you apply for relief from forfeiture and negotiate with landlords to safeguard your business premises.
- Residential landlords: We assist residential landlords in addressing breaches of lease agreements, including non-payment of rent or unauthorised alterations, ensuring that the forfeiture process is carried out in full compliance with legal requirements.
- Residential tenants: We support residential tenants in defending against lease forfeiture, guiding you through the application for relief and helping you maintain your home or investment property.
Whether you are a landlord or tenant, our tailored legal solutions are designed to meet your specific needs, ensuring that your rights and interests are fully protected throughout the lease forfeiture process.
Contact us
If you are dealing with a lease forfeiture issue, it’s essential to act quickly and seek professional legal advice. Contact our expert team of lease forfeiture solicitors today to discuss your case.
With offices in London, Richmond, Southampton, Guildford, Lymington and Woking, we are well-positioned to provide you with the support you need, both locally and nationally. Reach out to us for a confidential consultation and let us help you navigate the lease forfeiture process efficiently and effectively.