Levi Solicitors LLP’s Post

🏠 Landlords may pursue forfeiture of a lease when contract breaches occur, which can be overwhelming for tenants. However, tenants can seek relief from forfeiture as a remedy. Steven Newdall's new blog explores what relief from forfeiture is, when it applies, and how to make an application. #Landlord #Tenant #Litigation

Forfeiture is often a remedy of last resort for many landlords, but recently, we are receiving more instructions from landlord and tenants alike wanting strategic advice on the forfeiture and relief from forfeiture processes. My colleagues Pia Eames and Helen Rowland have highlighted some key considerations in light of the recent case of Tropical Zoo v London Borough of Hounslow - certainly worth a read. Shakespeare Martineau Ampa - Legal & Professional Services #forfeiture #propertydisputes #waiver #relieffromforfeiture #tropicalzoo #commercialproperty

We are seeing an increase in the number of landlords forfeiting leases. Read this useful summary of recent court decisions to ensure you're up to date! #realestateinsolvency #CRE #landlords #tenants #propertydispute

Its funny sometimes how, just because you are a lawyer, some words are commonplace for us and have a very particular meaning, but mean little to non lawyers. #Waiver - for example - this is something I probably consider on a weekly basis, when clients want to change locks and prevent tenants from re-entering. And just when you think you know everything about it, a new case comes along that changes it. Previously I have always advised that if you are a landlord and you were thinking about changing locks, to avoid waiver you should : 🛑 avoid demanding and accepting rent (and this includes a landlord's agent) 👴 Avoid contact with the tenant However, following the decision in #Tropical Zoo v London Borough of Hounslow, it seems all may not be lost if the landlords' agent accepts rent when the landlord has told the agent not to accept rent, but they still do. A distinction was drawn between an agent who is just performing a treasury function and collecting rent, and an agent that has authority to make decisions about the continuation of the lease. I think despite this new decision, I will stick with my long held views, but this is why I love law, because things change all the time. [picture of waving hands - tenuous link to waiver! - for interest] #waiver #landlordandtenant #forfeiture

Did you know that landlords can unintentionally waive their right to forfeit a lease? Pia Eames and Helen Rowland break down the tricky process of forfeiture, highlighting important legal considerations and strategies for protecting landlord interests. https://lnkd.in/eNvjSYQ5 #CommercialProperty #Landlord #CommercialLandlord #Forfeiture

Did you know that landlords can unintentionally waive their right to forfeit a lease? Pia Eames and Helen Rowland break down the tricky process of forfeiture, highlighting important legal considerations and strategies for protecting landlord interests. https://lnkd.in/eNvjSYQ5 #CommercialProperty #Landlord #CommercialLandlord #Forfeiture

🚨 Landlords, the countdown has begun! 🚨 The Government is taking steps towards scrapping Section 21 'no-fault' evictions. Once this legislation passes, serving 'no-fault' eviction notices will no longer be an option. If you’ve been considering issuing a Section 21 notice, NOW is the time to act before it’s too late. What steps are you taking to prepare for these upcoming changes? Share your thoughts and questions in the comments below. 👇 Here's how we can help: ⬇ Download our FREE PDF: This resource outlines the key changes in the Renters Rights Bill and how they may impact you. https://lnkd.in/ea-NbxZG 🤝 Connect with our expert team: We offer tailored advice and support to navigate these changes and ensure you remain compliant with the new legislation. What questions do you have about the Renters Rights Bill? Share your thoughts and concerns in the comments below 💭

Relief from forfeiture is an equitable and highly discretionary remedy that can protect parties from the consequences of their losses, breaches, or mistakes in a variety of circumstances. Let’s break it down: Forfeiture and Lease Termination: allows a landlord to terminate a lease when a leaseholder defaults (e.g., non-payment of rent, service charges, or unlawful subletting). The right to forfeit must be expressly conferred through a “forfeiture clause” or a “proviso for re-entry” in the lease agreement. What Is Relief from Forfeiture?: Relief from forfeiture restores the lease as though the forfeiture never occurred. It can be granted by the courts to leaseholders or other interested parties. Any interests (subleases, mortgage rights) are also reinstated, affecting the landlord’s future plans or property dealings. Factors and Process: Whether relief is granted depends on various factors. The process for claiming relief varies based on the breach type. Relief can be sought either as a defence within the landlord’s proceedings or as a standalone application after a possession order. Relief from forfeiture is a powerful remedy that balances the rights of landlords and leaseholders, ensuring fairness and equity in leasehold matters. If you have any more questions or need further clarification, feel free to ask! 😊 #IntausLaw #lease #terminatelease #propertylaw #lawyer #SydneyLawyer #lawyernearme #leaseholders

Relief from forfeiture is an equitable and highly discretionary remedy that can protect parties from the consequences of their losses, breaches, or mistakes in a variety of circumstances. Let’s break it down: Forfeiture and Lease Termination: allows a landlord to terminate a lease when a leaseholder defaults (e.g., non-payment of rent, service charges, or unlawful subletting). The right to forfeit must be expressly conferred through a “forfeiture clause” or a “proviso for re-entry” in the lease agreement. What Is Relief from Forfeiture?: Relief from forfeiture restores the lease as though the forfeiture never occurred. It can be granted by the courts to leaseholders or other interested parties. Any interests (subleases, mortgage rights) are also reinstated, affecting the landlord’s future plans or property dealings. Factors and Process: Whether relief is granted depends on various factors. The process for claiming relief varies based on the breach type. Relief can be sought either as a defence within the landlord’s proceedings or as a standalone application after a possession order. Relief from forfeiture is a powerful remedy that balances the rights of landlords and leaseholders, ensuring fairness and equity in leasehold matters. If you have any more questions or need further clarification, feel free to ask! 😊 #IntausLaw #lease #terminatelease #propertylaw #lawyer #SydneyLawyer #lawyernearme #leaseholders

Disrepair - A growing area of focus for landlords, and rightly so. It is becoming more popular for ‘no win, no fee’ solicitors to target the private rented sector regarding disrepair claims against landlords, and proposed legislation changes such as Awaab’s law becoming applicable to the private rented sector will only further this appetite. A tenant can take their landlord to court if they: • refuse to do repairs • do repairs badly and the problem keeps coming back • damage the tenant’s belongings when fixing things in the property Do you have ongoing disrepair issues? Are claims being brought to you? Reach out for help today. #landlords #lettings #property 01704 790532 | hello@landlord-support.co.uk