ABSTRACT
Forfeiture is a power in favour of the landlord to bring the lease to an early end and regain possession of the premises without compensation to the lessee or anyone deriving title under them. As a weapon, forfeiture is formidable; however the power arises only if certain circumstances exist and it is subject to an array of exceptions, conditions and restrictions imposed by law. This chapter provides no forfeiture may be commenced unless the landlord first serves a notice. The notice is not in prescribed form but it must: specify the breach complained of; require that the breach be remedied; and require the lessee to compensate the landlord for the breach. The chapter permits any mortgage lenders, subtenants or others deriving title under that of the lessee to make their own applications for relief from forfeiture. Property managers whose principals are considering forfeiture should ensure they have procedures in place to guard against the possibility of waiver.
