Forfeiture of Commercial Leases – too unpredictable, or too good to be true? [2020]

Webinar Details

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Mark Shelton

CPD Hours: 1


This webinar is presented by Mark Shelton. Property-owners have no difficulty in grasping the central idea of forfeiture: if the tenant does not perform, the landlord takes the property back. In practice, the procedure is often highly technical and uncertain in its outcome, and the law is ripe for reform. If approached with an understanding of the issues, though, forfeiture still offers better results than other available remedies for tenant default, and in some circumstances is the only effective course to take. This webinar, presented by the author of a technical textbook on the subject, offers a practical take on the advantages and pitfalls.

Watch the 2020 trailer.

Topics covered include:

  • The pros and cons - what is the landlord trying to achieve?
  • Methods of forfeiture, and when each is appropriate
  • Avoidance of waiver – the practicalities
  • Relief from forfeiture - simplifying the complexities
  • Post-forfeiture issues and re-letting

Learning objectives:

  • To appreciate the factors clients must consider in deciding whether or not to forfeit.
  • To know what steps to take to preserve the right to forfeit by avoiding waiver.
  • To understand the preliminary formalities required prior to forfeiture.
  • To identify the merits and de-merits of the different methods of forfeiture, particularly peaceable reentry.
  • To anticipate the issues which may arise in relation to relief from forfeiture, and maximise the chances of successful re-letting.