Once a landlord has discovered that his tenant is in breach of a term in the lease, he may decide to serve the tenant with a Section 146 Notice before proceeding to forfeiture. Before serving such notice a landlord must ensure he has not waived his right to forfeit the lease. Waiver will depend on […]
Month: January 2017
Commercial Property: Tenant’s Breach of Lease – Part 1
Where a tenant is in breach of a covenant, a landlord may take steps to terminate the lease, referred to as forfeiture. Forfeiture does not automatically happen upon the tenant’s breach, but rather the landlord must take active steps to forfeit the lease. A well-drafted commercial leases will contain a clause which allows the landlord […]