Relief from forfeiture

Relief from forfeiture is a crucial legal remedy available to tenants facing the termination of their lease due to a breach of the lease terms.

When a landlord takes action to forfeit a lease, the tenant can apply to the court for relief, which, if granted, allows them to regain their lease and continue occupying the property. Whether you are a tenant seeking to protect your business premises or a landlord navigating a forfeiture case, understanding the process of relief from forfeiture is essential. At Moore Barlow, our experienced solicitors are here to guide you through this complex legal process, ensuring your rights and interests are safeguarded.

For tenants, relief from forfeiture offers a second chance to remedy a breach and avoid the severe consequences of losing a lease. For landlords, it’s important to understand the tenant’s right to apply for relief and how it may affect your efforts to regain possession of the property. Our team provides clear, strategic advice tailored to your specific situation, helping you achieve a fair outcome in forfeiture-related matters.

With extensive experience in handling relief from forfeiture cases, we offer tailored legal solutions that address the unique challenges of each case. Our approach is focused on achieving a swift and cost-effective resolution, whether you are pursuing or defending against an application for relief.

What is relief from forfeiture?

Relief from forfeiture is a legal remedy that allows a tenant to apply to the court to restore their lease after it has been forfeited by the landlord. This remedy is available when the tenant has breached the lease terms, such as failing to pay rent or violating other covenants, and the landlord has taken steps to terminate the lease.

If the court grants relief, the lease is reinstated as if the forfeiture had never occurred, allowing the tenant to continue occupying the property. The court will typically grant relief if the tenant remedies the breach, pays the landlord’s costs, and demonstrates that they will comply with the lease terms moving forward.

How do you get relief from forfeiture?

To get relief from forfeiture, a tenant must apply to the court, demonstrating they have remedied the breach that led to the forfeiture and are committed to complying with the lease terms. The court may then reinstate the lease if it deems it fair and just.

Who can apply for relief from forfeiture?

Tenants whose leases have been forfeited can apply for relief from forfeiture. In some cases, parties with an interest in the lease, such as subtenants or mortgagees (lenders), may also apply to protect their rights. The application is made to the court, which will decide whether to grant relief based on the circumstances.