In an earlier blog we discussed the High Court decision in the case of Thirunavukkrasu v Brar & Brar. The High Court confirmed that taking action pursuant to the Commercial Rent Arrears Recovery regime (CRAR) would amount to a waiver of a right to forfeit. The landlords subsequently appealed to the Court of Appeal, which
Tag Archives: forfeiture
Can a landlord forfeit a long lease?
Hogan Lovells recently represented the landlords in SHB Realisations Limited and GB Europe Management Services Limited v Cribbs Mall Nominee (1) Limited and Cribbs Mall Nominee (2) Limited, a case confirming that it is possible in certain circumstances to forfeit a long lease granted for a substantial premium. Forfeiture Leases invariably include a right for
Enforcement action for arrears – a useful reminder for landlords
Although company voluntary arrangements have stolen the headlines this year, there are many other tenants, particularly those in the retail sector that are not seeking to reduce their rents but simply falling into arrears. This presents a significant headache for landlords trying to manage their property portfolios. There are a number of remedies available to
Legal A-Z: “F” is for Forfeiture
I am a landlord of commercial premises and my tenant has not paid its service charge contributions, despite repeated demands. Can I forfeit the lease? Quite probably but there are a number of points to check first. Does your lease expressly allow you to re-enter the premises and, if so, what triggers that right? If
Insolvency can forfeit the right to forfeit
You’re a landlord. A business tenant goes bust. Getting them out and getting the lease back may not be as easy as you think. It can be especially complex (and galling) where your tenant is succeeded by a new business with the same management, the same name and the same suppliers, still in your premises.