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Legal advice for landlords and tenants regarding forfeiture

Forfeiture Solicitors

It is essential, whether you are a landlord or tenant, to understand the remedies that are available to a landlord if a tenant is in breach of their lease. Forfeiture, which is a legal remedy that is only available to landlords, is a way of ending a lease when a tenant is in breach of it.

There are lots of pitfalls for landlords to avoid when it comes to forfeiture and if they get the process wrong, it can be very expensive. For example, it is very easy to waive the right to forfeit the lease. To avoid this, it is important to seek specialist legal advice as soon as possible.

Need advice? Contact us to find out how we can help

How our property dispute solicitors can assist with forfeiture

At Nelsons, we have an expert team of property dispute solicitors in Derby, Leicester and Nottingham who can provide focused, strategic advice to landlords as to how to deal with a tenant who is in breach of their lease. We can also advise tenants who anticipate that they are about to breach their lease and the possible consequences.

You can rely on our solicitors to give focused, commercial and pragmatic advice as forfeiture is sometimes not the best option, not least because a landlord can be left with empty premises and a liability to pay rates. Additionally, landlords should bear in mind that when forfeiting a lease for rent arrears the tenant, in most circumstances, has six months to apply for relief from forfeiture.

Our team, which is recommended by the independently researched publication, The Legal 500, has many years of experience with the laws associated with forfeiture and has assisted landlords countless times to go through the process smoothly. Equally, we have advised tenants, when faced with forfeiture, to get possession of their premises back.

When considering forfeiture, the first thing to do is to check to see if your lease has a clause allowing forfeiture for the breach complained of. If the breach is for rent arrears then normally a tenant has a period of time (the grace period) to pay after the due date for the rent.

With other breaches, a landlord has to serve a notice signalling its intention to forfeit the lease if the breach is not remedied. This is an important notice and must be correctly worded to be effective. Our team can draft and serve this notice for you at a fixed price.

Testimonials…

  • "Nelsons Solicitors Limited's team...has particular expertise in commercial and residential landlord and tenant disputes, planning law cases and breach of contract disputes..."

    The Legal 500
  • "...Simon Waterfield has vast experience of landlord and tenant disputes, including those concerning forfeiture, dilapidations and contested rent review applications. He also has niche expertise in flooding disputes..."

    The Legal 500 (Continued)
  • "Excellent problem-solving and an ability to quickly get to the nub of an issue. Quickly able to offer solutions even when involving third parties to allow issues to be dealt with resulting in minimal fuss and allowing us to get on with our jobs."

    The Legal 500 2023
  • "Nelsons has knowledgable and approachable litigators. They seem to offer good value for the service they provide. They are accustomed to dealing with a broad range of property matters, and so are well-placed to deal with complex property litigation."

    Referee feedback provided to The Legal 500 2024
  • "Nelsons have a standout regional property team with strength in depth across a number of offices in the East Midlands."

    Referee feedback provided to The Legal 500 2024

For further information on how our expert team of property dispute solicitors can provide assistance, please contact us on 0800 024 1976 or via our online enquiry form.

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Find out how Nelsons can help you. Contact our friendly team for a guaranteed fast response.

For advice and support 0800 024 1976