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Forfeiture

It is an unfortunate reality that sometimes commercial property tenants cannot, or in unusual cases will not, pay the rent or comply with their lease obligations. We can assist landlords or tenants in understanding their options.

If the terms of the commercial property lease are breached, it’s often possible to terminate the lease and recover possession of the commercial property – referred to as forfeiture.

If the tenant can put things right and persuade a court that it will not happen again, the tenant may be able to apply to be allowed back into the property – referred to as relief from forfeiture.

If the landlord makes a mistake in taking back possession, it could result in the tenant claiming compensation for any loss of business/income whilst being out of the property.

The landlord also might not want the property back (repair, insurance and rates can be very expensive) and simply want to know the options to try and get the tenant back on track and complying with the terms of the lease.

Tenants can often avoid turning up at the property to find the doors locked by understanding their obligations and rights and by being open and honest with the landlord. In a worst case scenario, losses can be minimised by prompt action.

Contact our team of specialist commercial property dispute lawyers for a no-obligation discussion.

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