What is forfeiture?
In cases where a tenant violates the terms of the tenancy agreement, such as by failing to pay rent, the landlord has the option to forfeit the tenancy and regain possession of the property to evict the tenants.
How does forfeiture work?
Forfeiture entails the landlord either peacefully entering the premises or seeking legal recourse through court proceedings to regain possession.
Generally, forfeiture is only considered if the tenant consistently fails to pay rent despite being given opportunities to do so. To re-enter the premises, the landlord must formally demand that the tenant vacates. If the tenant refuses, the landlord typically engages a solicitor to initiate legal proceedings for possession by issuing an originating claim.
For the landlord to proceed with forfeiture, the tenancy agreement must explicitly stipulate a right of re-entry. Additionally, the landlord must serve a notice under section 18 of the Conveyancing and Law of Property Act, specifying the breach, the compensation sought, and the remedy expected from the tenant.
However, tenants can seek relief against forfeiture by applying to the court. Considering forfeiture as a severe remedy, the court usually grants the tenant an additional reasonable time of 4 weeks to pay the rent before any action is taken.
The information provided was accurate at the time of publication. For the latest changes and updates, head over to the official websites.
