Relief from forfeiture for rent arrears

Published by a ��Ӱ�� Property Disputes expert

Practice notes

Relief from forfeiture for rent arrears

Published by a ��Ӱ�� Property Disputes expert

Practice notes

The process for claiming relief from forfeiture varies depending on the nature of the breach. This Practice Note covers relief against forfeiture for rent arrears. For information in respect of claiming relief for any other breach, see Practice Note: Relief from forfeiture for breach of covenant.

Which interests does relief from forfeiture apply to?

As well as leases, relief is available for some other property rights. See the guidance in Practice Note: Relief from forfeiture for breach of covenant—Which interests does relief from forfeiture apply to?

Jurisdiction

The courts have a historic, inherent jurisdiction to grant relief from forfeiture in respect of non-payment of rent. This equitable jurisdiction has been replaced with statutory jurisdiction in some respects, including for breaches other than non-payment of rent (see Practice Note: Relief from forfeiture for breach of covenant—Jurisdiction to grant relief in respect of breaches of covenant (other than non-payment of rent)).

For further information, see Commentary: Relief from forfeiture for non-payment of rent: Hill and Redman's Law of Landlord and Tenant [5041].

Who can apply for relief?

See

Jurisdiction(s):

United Kingdom

Key definition:

Relief from Forfeiture definition

What does Relief from Forfeiture mean?

An application made by a tenant (or sub-tenant or mortgagee) following forfeiture, seeking the reinstatement of the (forfeited) lease (or the grant of a new lease for the remainder of the term in respect of a subtenant or mortgagee).

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