Forfeiture mini series: Waiving goodbye to Forfeiture

Continuing our forfeiture mini series, James Hoile and Michael Grant break down the often complex principles of waiver in the context of lease forfeiture. With a practical and engaging approach, they explore when a landlord’s right to forfeit can be lost through their own actions.

The discussion focuses on the three key ingredients of waiver: knowledge of the breach, unequivocal recognition of the lease’s continuation and communication of that recognition to the tenant. Through clear examples and real-world scenarios, they examine common pitfalls such as accepting rent after a breach, acting through agents, or failing to act promptly.