Notice Of Forfeiture By Peaceable Re Entry
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FAQ
A tenant can apply for relief from forfeiture as soon as the landlord exercises the right to forfeit. This can be by serving a section 146 notice (see below), issuing court proceedings or through peaceable re-entry.
If the Lessee shall fail to pay any installment of rent when due and payable or to perform any of the other conditions as herein provided, such failure shall at the option of the Lessor, terminate this lease and upon one days notice to the Lessee the Lessor may without further notice or demand reenter upon and take ...
?but the right to re-enter, as it is also known, will be reserved in nearly every lease, commercial or residential. Forfeiture allows a landlord either to peaceably re-enter a property or to apply to the court to retake possession of their property following a breach of the lease by the tenant.
About 80 forfeiture cases a year actually go through, ing to LKP. Little less appreciated by leaseholders is that a section 146 forfeiture notice is about the only way a landlord can get a leaseholder to pay up what a court has decided is owed.
Forfeiture occurs when the landlord exercises their right to regain peaceable possession against the wishes of the tenant. This is usually where the tenant has breached a condition of the lease or has breached a covenant.
