Full Description
Forfeiture is the principal legal means
of recovering possession of land in a commercial landlord and tenant context.
This book offers comprehensive and authoritative guidance on both residential
and commercial issues relating to the law of forfeiture of leases.
It is an essential guide that demystifies
centuries of statute and case law, while providing solutions to everyday
problems encountered by practitioners of all levels of expertise, whether they
be trainees, partners, King's Counsel or judges. Although primarily a practical
text, the book does not shy away from critical analysis of the role in the 21st
century of some of the more feudal aspects of the law of forfeiture.
The book covers extensively:
·
breaches
·
limitations
·
tenant insolvency
·
waivers
·
considerations post-forfeiture.
This second edition not only covers
developments in the law of forfeiture (some more welcome than others), but also
includes working examples, further practical guidance for both landlords and
tenants, and more extensive extracts and precedents.
Contents
1. The nature of forfeiture
2. The right to forfeit
3. Breach
4. Limitations on exercising the right to
forfeit: Law of Property Act 1925, s.146
5. Other limitations on exercising the
right to forfeit
6. The effect of tenant insolvency
7. Waiver of the right to forfeit
8. How to forfeit
9. Relief from forfeiture: breaches other
than rent
10. Relief from forfeiture: rent arrears
11. Relief from forfeiture: third parties
12. Post-forfeiture considerations
13. Reform of the law of forfeiture
Appendices