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Thu 17 Aug 2017

When can a lease be forfeit?

When can a lease be forfeit?
It may not surprise you to learn that on discussing forfeiture at a recent conference with a group of property lawyers and managers, most were in favour of the landlords’ ability to forfeit a lease. The main reason being the responsibility of fair management of the building, thus ensuring that no leaseholder is prejudiced by the actions, or perhaps inaction, of any other leaseholders and that the landlord and any managers do not suffer any loss.

This approach assumes that landlords seek to deal with matters fairly. Whilst the vast majority may do so, although recent reporting in relation to the ground rent scandal and abuses of leasehold law may cause doubt, some may not, therefore it is necessary to consider what checks and balances are in place to protect leaseholders from forfeiture and sharp practice. Consequently a further question then arises as to what hoops Landlords have to jump through to obtain forfeiture of the lease, and what happens as a result?

Read more from Eleanor Grindley here.


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