法律英语词汇“forfeiture”的翻译、意思、用法、释义-法律词典

forfeiture
n. Loss of property or a right as a consequence of an offence or of the breach of an undertaking. There are four main situations in which the courts may order forfeiture of property.

1. Property that is illegally possessed is subject to forfeiture (Proceeds of Crime Act 2002).

2. Any property relating to an offence under the Misuse of Drugs Act 1971 or the Drug Trafficking Offences Act 1986 (see controlled drugs) may be forfeited and either destroyed or dealt with as the court sees fit (this includes the proceeds of the sale of drugs).

3. Property may be forfeited if it is legally possessed but used (or intended to be used) to commit a crime (e.g. a getaway car) when the owner has previously been convicted of an offence. Property confiscated under this heading is held by the police for six months and then disposed of.

4. Most leases provide for the landlord to terminate the lease when the tenant is in breach of his covenants.

The landlord must follow a particular procedure before effecting forfeiture. In the case of forfeiture for nonpayment of rent, the landlord must make a formal demand for the rent unless the lease exempts him from the need to do this. When other covenants have been breached, the landlord must serve a statutory notice on the tenant specifying the breach, requiring him to put it right where this is possible, and requiring compensation in money if appropriate. If the tenant fails to comply with the notice the landlord may proceed with forfeiture. This may be done through court proceedings for possession or, more rarely, by peaceable re-entry. A landlord loses his right of forfeiture if he treats the lease as continuing when he is entitled to forfeit it (by, for example, accepting rent from the tenant). This is known as waiver of forfeiture. Some leases contain a waiver clause by which the landlord is deemed not to have waived his right to forfeit even if he accepts rent from the tenant. See also confiscation order; relief from forfeiture.