Forfiture

Question 1

What is it

Answer 1

Forfeiture was described as giving a lessee 1 last chance before a lease is terminated inExpert Clothing v Hillgate to comply with the terms

Question 2

Is it a method of termination

Answer 2

• Forfeiture should not been seen as a method of termination, although the procedure may result in this, primarily it is seen as a means of enforcing compliance with the terms of a lease.

Question 3

How can the lessee be required to fortified

Answer 3

If the tenant fails to comply with any of those conditions then automatically entitled to initiate forfeiture proceedings, where the lease is granted on the condition that certain things are done or not done. A lessee may be required to forfeit their lease either through a lessor’s court proceedings, or through their forcible re-entry,

Question 4

Which case disapproved of re entry

Answer 4

• Billson v Residential Apartments. Lord templeman contrasted the civilised method of court proceedings with the dubious and dangerous method of determination by physical re-entry.

Question 5

Waive the breach

Answer 5

• he is not obliged to initiate just because there has been a breach of covenant. He may elect to wave the breach and treat the lease as continuing. That may be a case where he does not like the breach and he wants the breach to stop and be remedied. But not so serious that he wants the tenant out, may have otherwise good tenant and does not want hassle of finding a new tenant. So, may be good reasons waives his right even though entitled.