Commercial Property Possession and Lease Forfeiture

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Landlord and Tenant Law in respect of Residential Property and Commercial Property is conducted within a complex framework of rules setting down law and procedure. Our Landlord and Tenant Solicitors and Barristers have an impressive track record in dealing with a broad range of Residential and Commercial Property cases.

Forfeiture of lease by peaceable re-entry (for non-payment of rent)

Forfeiture of lease on this ground is only available if there is an express forfeiture clause in the lease and the conditions are met. For example, the landlords can only forfeit the lease for nonpayment of rent if the lease contains a clause that says the right of forfeiture will be triggered when the tenant falls behind on rent payment. This right cannot be implied.

This right can be exercised in the form of peaceable re-entry. First, the landlord must communicate his unequivocal intention to bring the lease to an end followed by the act of re-entering and securing the premises by changing the locks. This act is commonly enforced by a certified bailiff on the landlord’s behalf. The tenant will know that the lease has been brought to an end from the notices affixed to the premises.

Forfeiture of lease by peaceable re-entry (for breaches other than non-payment of rent)

Before exercising the right to forfeiture for breach of lease clauses (but never for breach of covenant to pay rent), a section 146 (LPA 1925) Notice must be served on the tenant.

The notice served on the tenant by the landlord must:

Once the proper notice has been served the landlord can exercise his right to forfeit the lease by peaceable re-entry or by applying to the court for a possession order.

Applying to the court for a possession order 

The guidance in this article should be read in light of the Coronavirus Act 2020, Corporate Insolvency and Governance Act 2020 and associated legislation and procedural measures.

As an alternative to forfeiture of lease by peaceable re-entry, landlords can repossess their commercial property by applying to the court for a possession order. Possession orders can be made in the following situations;

The right of security of tenure allows business tenants to remain in occupation of its rented premises after the end of its lease term. This right is only enjoyed if the lease is a tenancy that is occupied for the purpose of business (s.23(1) Landlord and Tenant Act 1954). If the tenant does ont qualify the landlord has the right to repossess the premises after the expiry date of the lease.

The landlord can make a possession claim against the tenant in the High Court or County Court of England and Wales. A claim form and particulars of claim setting out the facts and grounds of possession should be filed and served properly. The claim will be processed by the courts and a hearing date will be set. At trial the landlord and tenant will argue their respective case and the judge will decide if a possession order should be issued.

Why Instruct OneLaw Chambers for your Landlord and Tenant Case?

At OneLaw Chambers, our Landlord and Tenant Solicitors and Barristers regularly assist with many contentious and non-contentious landlord and tenant cases. We have assisted and represented many clients from all over the world achieving successful outcomes for them.

OneLaw Chambers has defended the interests of successful individuals, businesses and brands for many years, pursuing matters swiftly and robustly where necessary. With a dedicated team of Landlord and Tenant Solicitors and Barristers, OneLaw has an established property practice acting in complex residential and commercial property transactions.

Our Landlord and Tenant Solicitors and Barristers fiercely and tenaciously represent you in putting forward the strongest possible case, ensuring that you are always satisfied with the manner in which we represent you and that a successful outcome is achieved in your case without significant cost and expense to you.

We are committed to ensuring that our Landlord and Tenant Solicitors and Barristers prepare every landlord and tenant case with utmost quality and skill so that successful outcome is achieved every time. Our Landlord and Tenant Solicitors and Barristers operate in a friendly and cooperative manner to provide our clients with the best client care and service during the entire landlord and tenant case process.


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