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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 233
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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We have a commercial lease which the landlords agent is

Customer Question

Hi we have a commercial lease which the landlords agent is seeking to forfeit for non payment of rent. They want 3 months in advance which is very difficult to pay. The previous tenant who assigned our lease had an agreement to pay monthly but the agent won't extend this to us. Further despite being aware that rent was overdue they have accepted a part payment of £1500. Do they lose their right to forfeit?
Submitted: 5 months ago.
Category: Law
Expert:  propertylawyer replied 5 months ago.

Hi Zoe

Thanks for your question.

Sadly, the landlord does not have to agree to monthly rent if the lease states that rent is to be paid quarterly.

Usually the forfeiture clause states that the landlord can forfeit if the rent or any part is in arrears for a specified period, usually between 7-21 days. The landlord in accepting part payment does not waive the right to forfeit if the part that is in arrears exceeds the period specified in the forfeiture clause.

I hope this clarifies the position.

Any further questions or queries regarding this?

Happy to assist further.

Customer: replied 5 months ago.
Thank you. We are not in arrears as such as all rent to date has been paid. They have cashed a cheque for part payment for the next quarter and according to some case law I have read this could prevent them from forfeiting.
Expert:  propertylawyer replied 5 months ago.

Hi Zoe

You need to clarify this. If you have paid the rent in full how are you in arrears to allow the landlord to forfeit?

Did you pay the rent for the quarter after 24 June?

The current quarter commenced on 24 June - did you make full payment for the june quarter? Have you paid 1500 towards the September quarter due on 29 September?

If i understand this correct and you have paid 1500 towards the september quarter - if so then you will need to pay the remainder of rent on or before the 29 September or by the latest within the period specified in the forfeiture provision.

If any part of the rent is outstanding before the period specified in the forfeiture clause then the landlord can forfeit.

What caselaw have you read? I cannot see how part payment can circumvent the forfeiture provision, it would make its purpose redundant and totally ineffective.

Expert:  propertylawyer replied 5 months ago.

Hi

Do you need any further assistance?

Expert:  propertylawyer replied 5 months ago.

Do you need further help.

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