Our experienced team is equipped to handle all aspects of forfeiture related to commercial and mixed-use premises, including properties with residential units. Whether it’s shops, offices, agricultural farms, warehouses, or logistics sites, we offer a comprehensive service to guide you through the complex process of forfeiture.
We understand that forfeiture can be a sensitive issue, often involving significant financial and business implications. That’s why we are committed to providing tailored advice that’s specific to your situation. Our approach is to carefully weigh up the risks and benefits, ensuring that you are fully informed and able to make the best decisions regarding the timing and course of action.
What sets us apart is our dedication to understanding your business and your broader strategy for the property in question. We take the time to consider your long-term goals and how forfeiture may affect your wider portfolio or operations. By doing so, we deliver commercially sound and practical advice that aligns with your needs, helping to protect your proprietary interests while minimizing potential disruption.
Whether you are looking to exercise forfeiture rights or require advice on navigating a tenant dispute, our team is here to support you every step of the way, ensuring the best possible outcome for your business.
Specialising in Forfeiture law
Advising on grounds for forfeiture
We assist clients in assessing whether grounds for forfeiture, such as non-payment of rent or breach of lease covenants, are valid and enforceable. Our legal team ensures that the process is compliant with all legal requirements, offering clear guidance on the best course of action to protect our clients’ interests.
Issuing and serving forfeiture notices
We assist with the preparation and service of Section 146 notices and other legal documentation to tenants, ensuring all legal requirements are thoroughly met. We carefully review the lease terms, identify breaches, and follows the correct procedural steps, ensuring compliance with statutory requirements to protect your legal position and facilitate the enforcement of forfeiture or other remedial action.
Negotiating settlements
We provide expert guidance on the lawful process of peaceable re-entry, ensuring all legal steps are followed correctly. This often involves coordinating with bailiffs to secure the property while minimising risks of dispute or unlawful actions, protecting your interests throughout
Peaceable re-entry
Our team expertly drafts and serves the necessary statutory notices, such as Section 13 and Section 42 Notices, to initiate the enfranchisement process. We ensure that all notices are prepared accurately and delivered within the required timeframes, safeguarding our clients’ legal rights and setting the stage for successful negotiations.
Court proceedings
We represent landlords in court to recover possession of their property when peaceable re-entry is not feasible or appropriate. The team handles all legal aspects, from filing claims to court representation, ensuring that the process is efficient, legally compliant, and tailored to your specific needs.
Relief from forfeiture
We advise landlords on how to effectively resist tenant applications for relief from forfeiture, helping protect their property rights. Conversely, we also assist tenants in applying for relief, guiding them through the legal process to potentially regain possession of their premises and address any breaches that led to the forfeiture.
Tenant disputes
We handle disputes arising from forfeiture actions, providing expert legal representation for landlords and tenants. This includes defending claims of wrongful forfeiture, ensuring all actions are legally compliant and minimising the risk of financial loss or damage to business relationships.
Commercial strategy
We provide strategic advice on the optimal timing and methods for enforcing forfeiture, ensuring actions align with the landlord’s broader business objectives and property strategy. Our tailored guidance helps landlords make informed decisions that protect their interests while maximizing the value and potential of their property.
Enforcement and recovery
We offer strategic advice on the timing and methods of enforcing forfeiture, ensuring that actions align with the landlord’s overall business goals and property strategy. This approach helps safeguard long-term property interests.
Mitigating risks
We identify and address potential risks associated with forfeiture, including its impact on future lettings, reputational concerns, and compliance with legal standards. Our proactive approach helps mitigate these risks, ensuring that landlords can navigate the forfeiture process effectively while preserving their reputation and maintaining legal compliance.
Why choose Shakespeare Martineau?
- Our team offer prompt and professional service, whether through in-person meetings or virtual consultations, you can trust that our advice will be timely and professional, helping you feel confident in your legal matters, every step of the way
- We provide advice that is not only pragmatic and quick but also easy to understand. Every lawyer in our firm is approachable, helpful, and committed to offering reliable legal solutions, making the process straightforward for clients
- Our clear and easily understandable approach has kept clients coming back for years, knowing they can depend on us for comprehensive legal support time and time again
- Our clients regularly highlight the exceptional expertise and professionalism of our lawyers. Our team cares deeply about every aspect of your case, ensuring you receive a thorough and attentive service
Seamless Forfeiture Support, Expert Guidance
Our dedicated team will support you every step of the way, from start to finish, to navigate the complexities of the forfeiture process. We offer bespoke guidance and commercially focused advice, ensuring that your business goals are at the forefront. With our expertise, we manage the entire process smoothly, helping you make informed decisions while protecting your interests and minimising risks. We’re here to handle the challenges so you can focus on your business.
Top-Ranked Experts, Trusted Results
Our team is recognised in leading legal directories Legal 500 and Chambers, for our expertise and client-focused approach. These prestigious rankings reflect our commitment to delivering top-quality legal advice and achieving successful outcomes. Clients trust us for our proven track record in handling complex and high-profile matters.
Meet our Forfeiture team
Gary Ekpenyoung
Partner
Justine Ball
Partner
Martin Edwards
Partner
James Fownes
Partner
Vanessa Joll
Partner
Bukola Obadun-Craigs
Partner
Pia Eames
Legal Director
Habib Khan
Associate
Danielle Sodhi
Team Manager
Building a responsible business
Our commitment to sustainability and social impact
We are an accredited B Corporation that is committed to driving positive change in our communities, minimising our impact on the environment, and ensuring an all inclusive diverse and supportive culture for our people.
Wherever you are on your journey, our Forfeiture specialists are here to answer any questions you might have
If you’d like to speak to a member of our team, please fill out the enquiry form. We will aim to reply to your query within 2 hours
Need to talk to someone sooner? You can call use at the number below
Call Us: 0330 024 0333
Forfeiture FAQs
Forfeiture is a landlord’s legal right to terminate a lease due to a tenant’s breach of its terms, such as failure to pay rent or violating other obligations. A landlord can only exercise this right if the lease explicitly includes a forfeiture clause and the tenant has committed a qualifying breach. Legal procedures must be followed to enforce forfeiture properly, ensuring compliance with current laws.
Common breaches that may trigger forfeiture include non-payment of rent, unauthorized subletting, significant property damage, or failure to comply with repair or use obligations stated in the lease. However, the type of breach must be specified in the forfeiture clause, and the landlord must typically serve the appropriate notice before taking action.
For non-payment of rent, a landlord can sometimes forfeit a lease without serving notice, depending on the lease terms. In most cases, however, landlords serve a formal notice (such as a Section 146 Notice under the Law of Property Act 1925) demanding payment. If the tenant does not comply within the required timeframe, the landlord can pursue court proceedings or peaceable re-entry to regain possession.
Yes, tenants can challenge forfeiture, particularly if the landlord has failed to follow correct procedures or if the breach is remedial. For rent arrears, tenants may apply for “relief from forfeiture,” allowing them to remain in the property by paying outstanding rent and costs within a specific timeframe.
Forfeiture can have significant legal and financial implications, so landlords should carefully evaluate their options before proceeding. For instance, accepting rent after a breach may waive the right to forfeit. Additionally, forfeiture may not always be the best solution; alternatives like negotiation or dispute resolution can sometimes provide a quicker and less contentious outcome. Professional legal advice ensures compliance and protects landlords’ interests.
