Relief from forfeiture
If the landlord lawfully forfeits the lease for non-payment of rent, the tenant can make an application to the court for relief from forfeiture. Such application has to be made promptly and the tenant must be able and willing to discharge all arrears and pay interest and landlord’s reasonable costs in respect of forfeiture.
Often, the parties agree between themselves that the tenant shall be allowed back in occupation. However, the old lease cannot be restored without a court order. Therefore, in those circumstances a new tenancy would be created between the parties.
It is important that the parties seek legal advice early. We have an experienced dispute resolution team who can advise and represent landlord and tenant clients on their rights and legal processes relating to the law of forfeiture.