Forfeiture and possession

The need for specialist advice:

Forfeiture is a way of ending a lease that allows the landlord to regain possession of the premises, without paying compensation to the tenant.

Although this enables the landlord to re-let the premises to fresh tenants, forfeiture is not always the best remedy as it is often better to have a defaulting tenant than no tenant at all.

Commercial considerations, such as the ability to re-let, the likely rent under a new lease and the responsibility for business rates must be carefully considered by experienced specialists in this technically challenging area of law.

Let our experience make yours that much easier:

Landlords need to take great care when looking to forfeit a lease as an unlawful forfeiture can lead to the tenant bringing a damages claim. However, in the right circumstances, forfeiture can be the ultimate sanction.

This is an extensive and complex field of law, with numerous hurdles and pitfalls. It is essential that you take expert legal advice as soon as possible as there will often be substantial financial implications.

At Woodcocks Haworth and Nuttall we have the legal expertise and commercial awareness to deliver the most cost effective and beneficial solution.

If you are a landlord, we will discuss your options with you to make sure you take the right steps if forfeiture is appropriate and makes commercial sense.

If you are a tenant, we can look into whether forfeiture is being pursued lawfully and consider the merit of seeking an injunction or applying for relief against forfeiture.

Need expert advice? Let us help:

To discuss any aspect of forfeiture and possession please contact;

David McCann, Danny Long and Eleanor Cornthwaite at our Bury office on 0161 761 4611