ABSTRACT

Before examining the latest changes to the law relating to forfeiture, it is worthwhile to look at the context. For many years, Parliament has been looking for an alternative to forfeiture of residential leases. Thus far, no replacement has been found (although commonhold may be seen as a by-pass in the long term), and it is accepted that there must be an ultimate sanction for fundamental breaches of the covenants in a lease while leases still exist, so legislation has concentrated instead on modifying and ameliorating this unpopular ancient remedy.