Delivered by Simone Ritchie, a Legal 500-recognised commercial property litigation solicitor with nearly two decades of frontline enforcement experience, the session covers both residential and commercial leases under English law.

Topics include the classification of covenant breaches (once-and-for-all versus continuing; remediable versus irremediable); the full range of landlord remedies (forfeiture, CRAR, injunctions, damages, specific performance, and self-help clauses); the procedure and pitfalls of forfeiture in commercial and residential contexts; s.146 LPA 1925 notices; and the ever-present risk of waiver.

Join Simone as she covers key legislation, including the Law of Property Act 1925 (ss.146–147), Tribunals Courts and Enforcement Act 2007 (CRAR), Leasehold Property (Repairs) Act 1938, Housing Act 1988, and Protection from Eviction Act 1977.

The session draws on current case law, including the 2023 decision in Chug v Dhaliwal on accepting forfeiture and the right to seek relief, Faiz v Burnley BC on waiver, and Pineport v Grangeglen on late applications for relief - alongside practical examples from a live caseload. From the old days of dawn bailiff raids and walking possession orders under distress, to the neutered modern regime of CRAR, to the art of drafting a watertight s.146 notice, this session equips practitioners to advise landlords and tenants with confidence.

Forfeiture is one of the most powerful and most easily lost remedies in property law. One accepted rent cheque, one defective notice, one moment's delay can cost a client everything. This session shows you exactly how to avoid the traps.

Who this is for:

Solicitors, legal executives, in-house property teams, and paralegals advising either side of the landlord and tenant relationship

Top 3 facts from the webinar:

1. A s.146 notice is required before any forfeiture for breach of covenant other than non-payment of rent. A notice that fails to specify the breach clearly, is served prematurely, or omits reference to the tenant's rights under the Leasehold Property (Repairs) Act 1938 (where applicable) may invalidate the entire forfeiture process. Include every alleged breach you can evidence, it strengthens both the notice and your negotiating position.

2. Waiver is easy to trigger and unforgiving in its consequences. A landlord who accepts rent, issues a demand, or takes any step recognising the continuance of the tenancy after acquiring knowledge of a breach can lose the right to forfeit for that breach entirely as confirmed by the Court of Appeal in Faiz v Burnley BC [2021]. Once a breach comes to light, act swiftly, ring-fence any rent received on a without-prejudice basis, and do not take any step that acknowledges the ongoing lease relationship.

3. CRAR replaced distress in April 2014 but is a significantly weaker remedy. It applies only to pure rent under a written commercial lease, service charge, insurance premiums, and other sums reserved as rent are excluded. The mandatory advance notice to the tenant removes the element of surprise the old remedy offered. For landlords with mixed arrears, CRAR will often not be the right tool, a debt claim or forfeiture may be the better route.

Level of expertise:

Intermediate – some previous knowledge or awareness required

CPD hours:

This live webinar provides you with 1 hour of learning.

Attendees will receive a CPD certificate upon completion of this course.

Learning objectives:

By the end of this session, delegates will be able to:

Identify and categorise the main types of tenant covenant (express and implied) and the most common breaches arising in practice, including non-payment of rent, disrepair, unauthorised alterations, unauthorised subletting, nuisance, and use clause breaches.
Distinguish between once-and-for-all and continuing breaches, and between remediable and irremediable breaches, and explain why these distinctions matter when advising on forfeiture strategy.
Explain the procedural requirements for forfeiture, including when a s.146 LPA 1925 notice is (and is not) required, what it must contain, and the consequences of serving a defective or premature notice
Advise landlords on the law of waiver, identifying acts that constitute waiver, how to avoid accidental waiver when knowledge of a breach arises, and the latest case law on the point.
Explain when and how to use Commercial Rent Arrears Recovery (CRAR), its scope (pure rent only), procedural requirements, and how it compares with the old remedy of distress.
Advise on the range of additional remedies, injunctions (prohibitory and mandatory), specific performance, damages, and Jervis v Harris self-help clauses and the courts' approach to each.
Understand the key differences between residential and commercial lease enforcement, including the restrictions on peaceable re-entry under the Protection from Eviction Act 1977.
Apply these principles to real-world scenarios through current case law, including Chug v Dhaliwal [2023], Faiz v Burnley BC [2021], and Pineport v Grangeglen.