The Return of Forfeiture - The ‘Ultimate Security for Payment of Rent’?
Although forfeiture for non-payment of rent which fell due during the pandemic period remains restricted, it is once more available for all other arrears of rent.
It can be one of the most immediately effective remedies for tenant default that there is, particularly since when deployed in relation to arrears of rent, there is no need to give prior warning, and no need to go to court.
Landlords need to be wary, though. While forfeiture may result in recovery of possession, it will not necessarily obtain payment of the arrears. Conversely, tenants may obtain automatic relief from forfeiture, restoring them to possession, by paying the arrears, and the lengthy period in which this option remains available can complicate re-letting. The rules surrounding applications for relief are highly technical, and in places unclear.
This virtual classroom seminar will explore the practical and legal issues and highlight the key points to be aware of to ensure that forfeiture delivers the result that the client requires.
What You Will Learn
This live and interactive session will cover the following:
- Must a s.146 notice be served?
- Is a pre-emptive application for relief possible?
- What sums are ring-fenced?
- Can all mortgagees, chargees and sub-tenants apply for relief, and what are the rules?
- What are the pros and cons of peaceable re-entry?
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.