Hogan Lovells recently represented the landlords in SHB
Realisations Limited and GB Europe Management Services Limited v
Cribbs Mall Nominee (1) Limited and Cribbs Mall Nominee (2)
Limited, a case confirming that it is possible in certain
circumstances to forfeit a long lease granted for a substantial
premium.
Forfeiture
Leases invariably include a right for landlords to bring a lease
to an end before lease expiry if a tenant is in breach (known as a
right to forfeit or right of re-entry).
A tenant can apply for relief from forfeiture and, when
exercising its discretion as to whether to grant relief, one of the
central factors a court will consider is the value of the
tenant’s lease.