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    Reassessing Forfeiture for Commercial Rent Arrears

    Poulsom, Michael ORCID logoORCID: https://orcid.org/0000-0001-9699-6604 (2022) Reassessing Forfeiture for Commercial Rent Arrears. The Conveyancer and Property Lawyer, 2022 (2). pp. 155-166. ISSN 0010-8200

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    Abstract

    The current moratorium on forfeiture of commercial leases for non-payment of rent presents an opportunity to reassess the purpose and operation of forfeiture. It is evident that forfeiture has an uncertain foundation and that its operation presents opportunities for "sharp practice". It is suggested that forfeiture should be subject to increased oversight, and that the binding arbitration process proposed for rent arrears arising from the COVID-19 pandemic might be extended more broadly.

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