Forfeiture occurs when a tenant is in breach of the agreed lease and the landlord acts to end the lease by re-entering the property and taking back control.
In respect of commercial premises there is an option for the tenant to apply to the court for relief from the forfeiture.
How long does the tenant have to apply for this relief after forfeiture?
This is a question that we are asked on an almost daily basis at Else Solicitors. Tenants of commercial properties that have been forfeited often don’t realise that they can still get access, and courts often find in their favour if the tenant acts with reasonable promptitude, rectifies any breaches, pays any arrears, and pays the landlord’s costs too.
The issue often revolves around the definition of ‘reasonable promptitude’, which is often referred to as an elastic concept. In other words, it can be stretched and tested beyond the accepted 6 months laid down by previous case law.
Else Solicitors are specialists in this area of law and have an excellent track record of helping tenants gain access to their properties after a lease forfeiture. If you are in such a position or think that your landlord might be about to issue proceedings against you, then please contact Andy Rudkin, Head of Dispute Resolution at Else Solicitors for an informal discussion. Andy.firstname.lastname@example.org, 01283 526239.