Forfeiture - Enforcement Strategy, Waiver Risks & Practical Pitfalls

Introduction

Forfeiture remains one of the most powerful remedies available to commercial landlords when rent goes unpaid. However, it is also one of the most procedurally sensitive remedies in property litigation. Small errors, particularly around waiver, can prevent landlords from relying on forfeiture and often lead to complex disputes.

This webinar provides a practical overview of the legal framework governing forfeiture for rent arrears and highlights the key strategic considerations advisers must understand before pursuing enforcement. Drawing on dispute experience, it focuses on common mistakes made in practice and how these can be avoided.

The webinar will also consider the interaction between forfeiture, alternative recovery options, and relief from forfeiture applications brought by tenants.

What You Will Learn

This webinar will cover the following:

• The legal framework for forfeiture
• Source of the right to forfeit
• Rent arrears triggers and key lease provisions
• Forfeiture vs alternative remedies
• CRAR and debt recovery claims
• Insolvency processes and statutory demands
• Strategic considerations when choosing enforcement routes
• Waiver of the right to forfeit
• The most common waiver traps
• Rent demands, communications and acceptance of payments
• Practical steps to avoid accidental waiver
• Methods of forfeiture
• Peaceable re-entry: legal requirements and practical risks
• Forfeiture through court proceedings
• Relief from forfeiture
• When tenants may obtain relief
• Key factors considered by the court
• Protecting a landlord’s position
• Practical issues in enforcement
• Dealing with subtenants and occupiers
• Handling goods left at the premises
• Commercial and reputational considerations

This pre-recorded webinar will be available to view from Monday 24th August 2026

Alternatively, you can gain access to this webinar and 2,400+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.