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ARTICLE · 01 MAY 2019

Can A Landlord Forfeit A Long Lease?

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

United KingdomReal Estate and Construction

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.

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