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Making Leaseholder Forfeit their Property??

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TheJP Posts: 1,939 Forumite

16 September 2024 at 11:11AM

You can't make a leaseholder forfeit their property just by being the freeholder and it's what you want, you need to

1st - check if there is a forfeiture clause in their lease agreement. If the agreement does not have a forfeiture clause then you do not have the right to begin proceedings to forfeit the lease.

2nd - If there is a forfeit clause you need to take the reasonable steps to allow the leaseholder to rectify the issues within the breach.

3rd - If the issues cannot/have not been remedied after a request you then can issue a section 146 which signals intent to start proceedings to forfeit the leasehold. The leaseholder upon receipt must remedy the issues along with any compensation set out in the section 146 notice.

4th - If they fail to do so then you can take them to court to begin proceedings to forfeit the lease.

Rarely does this result in forfeiture as leaseholders tend to remedy the issues outlined before it gets to court.

Not a simple or quick or even a right to exercise.

I would suggest you go through the agreements with a fine tooth comb before you communicate/threat of possession.

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Making Leaseholder Forfeit their Property??

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