Renters' Rights Act 2025, Phase 1 commencement
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England

Commercial Lease Forfeiture

Peaceable Re-Entry UK — Commercial Lease Forfeiture Without Court Order

How to effect peaceable re-entry for commercial rent arrears, Criminal Law Act 1977 s.6 violence prohibition, tenant's right to apply for relief from forfeiture, 6-month window, risks of re-letting prematurely, and when court proceedings are preferable.

13 min readUpdated 8 June 2026Last reviewed: 17 May 2026peaceable re-entryforfeiturecommercial leaserent arrears

When Peaceable Re-Entry Is Permissible

Commercial leases only — Protection from Eviction Act 1977 prohibits re-entry for all residential premises. For rent arrears: express forfeiture clause required; no s.146 notice needed; no waiver by accepting rent. For other breaches: s.146 LPA 1925 notice mandatory before re-entry — specify breach, require remedy (if remediable), allow reasonable time.

How to Effect Peaceable Re-Entry

Outside business hours when premises are unoccupied. Check no one is present — abandon if any person is there. Change locks via locksmith; affix re-entry notice with contact details. Do not remove tenant's goods — secure and give reasonable time to collect. Notify tenant in writing immediately. Photograph premises and document arrears contemporaneously.

Relief From Forfeiture — Tenant Rights

Tenant can apply for relief at any time before landlord re-lets. For rent arrears: county court, 6-month window from date of re-entry; relief almost automatic on payment of arrears and costs. For other breaches: broad court discretion. Sub-tenants and mortgagees: independent s.146(4) right to apply — court can grant new direct lease. Do not re-let until 6-month window expires.

Risks and When to Use Court Proceedings Instead

Risks: unlawful eviction if tenant or goods present; relief application overturning re-entry; waiver after re-entry. Prefer court proceedings where: tenant likely to contest; sub-tenancies or charges exist; breach is non-rent; any doubt about occupation. Peaceable re-entry suits clear-cut rent arrears on unoccupied commercial premises only.

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