EWJ June 2024 web - Journal - Page 92
contain clauses specifying the time period of non-payment that can elapse before a landlord is afforded the
right to forfeit.
The method the landlord relied on to exercise their
right to forfeit will determine the tenant’s response
and ability to apply for relief. A tenant’s right to apply
for relief comes into effect as soon as the landlord
exercise their right to forfeit.
If the tenant has breached the commercial lease in
some other way, for example by subletting the property, then the landlord must serve the tenant with a
Notice under section 146 of the Law of Property Act.
The Section 146 Notice must state the nature of the
tenant’s breach. It must also include a reasonable timeframe for the tenant to remedy the breach, if that is
possible to do.
Because the circumstances that may result in a landlord deciding to exercise their right of forfeiture can
be so varied, we highly recommend that both landlords and tenants speak to a legal professional before
taking action to ensure the correct steps are taken at
the right time for the claim for either forfeiture or
relief to be successful.
Should the breach be linked to changes made to the
property without the landlord’s agreement, or the
tenant not keeping the premises in a state of good repair, utilising the services of a Building Surveyor can
provide valuable insights into what may be involved
in getting the property back to its original state or
ensuring any necessary repairs are accounted for.
How AWH can help
If the right of forfeiture has been exercised because a
commercial property has not been kept in a good state
of repair or structural changes have been made without the permission of the landlord, we are here to
help.
Our team of Chartered Surveyors has decades of experience providing reports outlining what would be
involved in any required remedial work. This can help
both landlords and tenants understand cost and
timescales involved, and can support both clams of
forfeiture and relief.
What is relief from forfeiture?
Relief from forfeiture is available to commercial
tenants in certain circumstances and within strict time
limits. Normally, if the tenant acts swiftly and takes the
necessary steps to remedy the breaches to the lease
they are being accused of, a Court is likely to grant
them relief from forfeiture. In cases where relief is
awarded the lease is effectively reinstated as if the right
of forfeiture was never exercised.
Speak to our team of Surveyors on 0800 071 5517 or
email admin@awh.co.uk to find out how we can help.
www.envistaforensics.com
+44 203 696 7996
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EXPERT WITNESS JOURNAL
90
JUNE 2024