Forfeiture of Leases, 2nd edition

Available to pre-order

Forfeiture of Leases, 2nd edition

Peter Petts and Jamal Demachkie

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.

The book covers extensively:

• breaches
• limitations
• tenant insolvency
• waivers
• considerations post-forfeiture.

Coverage of the new second edition includes:

• an update to the law given a number of recent High Court and Court of Appeal decisions on the law of forfeiture
• the ability to forfeit contracts for leases, and further detail on the relevance of limitation when forfeiting for old breaches.   
• even more practical guidance on issues such as the practicalities in which entity to claim against where there are tenants sub-tenants or mortgagees in possession; question of enforcement of court orders; cost recovery in practice, etc
• further appendices containing ‘best practice’ drafting of clauses, notices, pleadings and more.

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.

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
14. Appendices

Peter Petts has over 20 years’ first-hand experience of forfeiture of commercial and residential leases. He is described as ‘outstanding’ in legal directories and regularly accepts court and tribunal instructions at all levels, predominantly in the fields of landlord and tenant, and real property.

Jamal Demachkie is recommended in all major legal directories for his property expertise. Described as ‘a junior to behold’, he has been involved in several of the leading cases on landlord and tenant law. He sits as both a Deputy District Judge and a specialist Chancery Recorder.

Reviews of the previous edition

I found this book to be a clear and concise guide which I will certainly turn to when dealing with relevant client enquiries in practice. The authors have succeeded in putting together a resource which intuitively answers a number of practice points which a practitioner will want to be able to check, both at the outset and during the progression of a case. 

- Jenny Kemp, Associate at WBW LLP

The authors are both practicing barristers with many years practical experience in landlord and tenant law and this is evident in the in-depth and yet intensely practical approach they take to this complex area of law in their book.

- Sarah Thompson-Copsey, Freelance Legal Trainer

Book Information

ISBN 9781784462512
Format Paperback
Pages 288
Publisher The Law Society