Forfeiture & Possession

Forfeiture, otherwise known as a Landlord’s right to re-entry, is the process of terminating a Lease at a date earlier than the expiration of that Lease and subsequent Recovery of Possession of the property for a Landlord. The rights to such action may be contained within the Lease which may provide that Forfeiture can be exercised following a Breach of Covenant or when a Leaseholder defaults in payment of Service Charges or Ground Rents. Pursuing the remedy of Forfeiture can offer certain cost protections to Landlords which proves this to be a useful enforcement power for Landlords.

The Law of Forfeiture is complex, and specialist legal representation should be engaged if pursuing this course of action to ensure that the Landlord’s position is protected. At Scott Cohen Solicitors, we have comprehensive experience in the range of Forfeiture cases and understand the practicalities to progress a successful Forfeiture claim. We can assist in both Residential and Commercial Forfeiture cases and are adept at providing practical and clear advice on the client’s position and the relevant cost implications to consider in pursuit of a Forfeiture claim. We can assist at all stages of the Forfeiture process including:

• • Assessment of the necessary compliance with the statutory prerequisites to Forfeiture.
  • Review of potential restrictions on the right to forfeit and consideration of the impact of potential acts of waiver.
  • The issue of proceedings to obtain any necessary determination of breach as may be required as a prerequisite to Forfeiture.
  • Assessment of the efficacy of Ground Rent Notices as a prerequisite to Ground Rent Forfeiture claims.
  • Preparation and issue of the necessary notices prerequisite to the issue of possession claims, including notices under Section 146 of the Law of Property Act 1925 (S.146 notices).
  • Assistance with the litigation of Forfeiture claims and advising on cost recovery options.
  • Negotiating and concluding suitable terms of Relief from Forfeiture where appropriate on behalf of the client.
  • Assistance with effecting Re-entry by way of Warrants of Possession and liaison with Court bailiffs as required.

We have an excellent track record of achieving positive outcomes for clients who engage our services in this area. Our extensive experience means that we can help our clients through all stages of Forfeiture proceedings and can advise on the potential cost implications of the steps taken throughout.