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ARTICLE · 08 OCTOBER 2026

Think Before You Forfeit: Why Following The Right Process Matters

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The High Court's decision in ABN Group Holdings Ltd v Yarrow (PC) 2026 clarifies when statutory notice requirements apply before lease forfeiture, particularly examining whether derelict premises still qualify as a 'dwelling'. This case demonstrates how the actual condition of a property at the time of forfeiture determines which procedural protections tenants can invoke, offering crucial guidance for landlords and management companies navigating enforcement actions.

United KingdomReal Estate and Construction
Peter Barnard
Peter Barnard

This blog was co-authored by Peter Barnard and Amelia Sharples.

Lease forfeiture remains one of the most effective remedies available to landlords and management companies when a tenant breaches the terms of a lease, particularly where significant arrears have accrued. However, exercising the right to forfeit is not always straightforward, and getting the procedure wrong can invalidate the forfeiture altogether. The Recent High Court Decision in ABN Group Holdings Ltd v Yarrow (PC) 2026 provides a useful reminder that the nature of the property itself can determine which statutory protections apply before a lease can be brought to an end.

Background

The dispute centred on a derelict block of former residential flats. The tenant argued that the premises remained a ‘dwelling’, meaning the landlord was required to comply with statutory notice provisions under section 60 of the Landlord and Tenant Act (LTA) 1987 and section 166 of the Commonhold and Leasehold Reform Act (CLRA) 2002

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