Summary
Contents
Subject index
This clear and accessible book covers all aspects of commercial leases, from receipt of instructions to termination. Fully up-to-date with all recent cases relating to the lease-licence distinction, Land Registry requirements, the recent changes to the Landlord and Tenant Act 1954 Pt II and the new regulations for the execution of deeds, its detailed explanation of the underlying principles of this complex area of the law - and their practical application - makes it a valuable text for all students taking undergraduate commercial property options, as well as those taking the LPC and the BVC.
Forfeiture
Forfeiture
14.1 Introduction
Forfeiture is the early termination of the lease by the landlord when the tenant is in breach of covenant either to pay the rent or some other obligation. This is so provided a lease contains a clause allowing forfeiture, called a proviso for re-entry, which commercial leases invariably do. Periodic tenancies can be terminated by notice to quit, so forfeiture relates to fixed-term tenancies. The remedy is drastic. The lease is brought to an end and the tenant loses – forfeits – its right to the lease. So draconian is this action that it is sometimes called the landlord's ‘nuclear option’. Forfeiture is part of the general law of landlord and tenant and so does not apply only to business tenancies. So far ...
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