Commercial Forfeiture

What is commercial forfeiture?

A commercial landlord can elect to forfeit a commercial lease following a breach by their tenant. Forfeiture will bring about the end of the lease, enabling the landlord to re-enter the premises and take back possession from the tenant.

Unlike a residential lease, in commercial leases, the breach does not have to be admitted by the tenant or determined by the court/tribunal for the landlord to pursue forfeiture. It is therefore possible, depending on the circumstances, for forfeiture to take place quickly and with minimal cost to the landlord.

It is important to take specialist advice if you are considering forfeiture as carrying out the wrong procedure could amount to a criminal offence. Likewise, if you are a tenant and your landlord has re-entered your premises without sufficient grounds to do so, it is important that you act quickly to remedy the situation.

Get in touch with a specialist member of the team for advice and guidance on commercial forfeiture.