Draft Particulars Of Claim For Forfeiture Of Commercial Property Lease (Not Paying Rent)
Publisher one
ƵSource file
Jurisdiction
England and WalesCost
Free to useRelevant sectors
Type of legal document
💼 Particulars of claimBusiness activity
Draft claim for reliefThe particulars of claim sets out the claimant's case and the relief they are seeking from the court. It must be served on the defendant with the claim form. The particulars of claim must comply with any rules of court that apply to it and must be served on the defendant within the time limit set by the rules of court.
The template aims to assist landlords or their legal representatives in preparing a clear and concise document that can be filed in court to begin the process of forfeiting a commercial property lease due to unpaid rent. It is important to note that forfeiture refers to the termination of a lease by the landlord when the tenant breaches specific lease conditions, such as non-payment of rent.
The template likely includes a section to outline the basic information of the parties involved, such as the name and address of the claimant (the landlord) and the defendant (the tenant). Additionally, it provides a space to list any legal representatives acting on behalf of either party.
The particulars of the claim section is the core of this template. Here, the landlord details the basis for the claim, stating the relevant clause(s) in the lease agreement that specify the tenant's obligation to pay rent on time. The template may also allow for a description of how the tenant has been consistently in arrears for a specific period.
Furthermore, the template could include sections for quantifying the outstanding rent owed, along with any additional costs or damages incurred by the landlord due to the tenant's default. This section may also provide an opportunity to outline any notices served to the tenant, demanding payment or warning of potential legal action.
Overall, this legal template aims to provide a structured and comprehensive document for initiating legal proceedings against a commercial tenant who has failed to pay rent under a UK commercial property lease. It helps streamline the process by ensuring that important details are captured accurately, facilitating a well-structured claim.
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