Forfeiture of leases, waiver of the right of entry and mixed use property in English law

Abstract

Abstract Forfeiture is a contractual right under the lease which is a right preserved under Section 24 (2) of the Landlord and Tenant Act 1954. Landlords need to be careful when demanding or accepting rent when they become aware of a breach of a term. If a landlord wants to forfeit as a result of a breach (and they have the right to forfeit as is provided for in their lease) and there is rent due, they should not demand or accept rent accruing beyond the date they become aware of the breach, as this would likely amount to a waiver. Under section 146 notice under the Law of Property Act (LPA) 1925 to indicate an intention to forfeit the lease the landlords need to be careful when demanding or accepting rent when they become aware of a breach of a term. This article will consider the process of forfeiture in English law and the consequences of waiver by the landlord of breach of term in the lease.