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MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 1711
Experience:  Expert
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How much is it to apply for relief from forfeiture? in

Customer Question

how much is it to apply for relief from forfeiture?
JA: Where is this? It matters because laws vary by location.
Customer: in Oxford, UK
JA: What steps have been taken so far?
Customer: the landlord locked the door on Thursday for my shop. I have since phoned the number left on the door to find out the reason and they said its rent arrears
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: just need to know what i now need to do and if i aply to the courts how do i fill in the application form
Submitted: 17 days ago.
Category: Law
Expert:  MARTINT330 replied 17 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 17 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Expert:  MARTINT330 replied 17 days ago.

in that case, Since the landlord seeks to end a lease by re-entering the property following a breach of covenant by the tenant (and pursuant to a right reserved to the landlord to do so), you as a tenant may be able to apply to the court for relief, that is, to have the forfeiture set aside.

Expert:  MARTINT330 replied 17 days ago.

Is there anything else I can help with today?

Customer: replied 17 days ago.
thank you
Customer: replied 17 days ago.
how do i go about applying for this please. is it possible to make the application myself or must i find a solicitor?
Expert:  MARTINT330 replied 17 days ago.
You can file the application yourself.  However, your situation would greatly benefit by having it reviewed by a solicitor near your area, who will be able to assist you further in this regard. To find a local solicitor, you can visit the website: https://solicitors.lawsociety.org.uk. You can use their search function to find one near your locality.
Customer: replied 16 days ago.
if i made the application myslef it is almost that i will get it approved right? so what would sway this decision against me? trying to save some money for lawyer fees
Expert:  MARTINT330 replied 16 days ago.

As the tenant, you must apply to the court for relief under section 146 of the Law of Property Act 1925. This application is to set the forfeiture lease aside, and the court has the discretion to grant relief from forfeiture or withhold, in favour of landlord’s rights.

Courts will generally grant relief if the tenant has remedied the breach or paid compensation, for example. They can also grant relief if they believe your business will be able to pay and stick to the terms of the lease in the future. Your company’s conduct will therefore be a consideration when applying for relief from forfeiture of a commercial lease.

Expert:  MARTINT330 replied 16 days ago.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.