Peaceable Re-Entry UK — Commercial Lease Forfeiture Without Court Order, Risks, and Tenant Challenges

When Peaceable Re-Entry Is Permissible — Rent Arrears and Other Breaches

The right to forfeit by peaceable re-entry depends on: (a) Express forfeiture clause: the lease must contain an express right of re-entry on breach; a landlord has no inherent right to forfeit without such a clause; (b) Rent arrears: for non-payment of rent, the forfeiture clause typically allows re-entry after the rent has been unpaid for a specified period (14-21 days); no s.146 notice is required before forfeiture for rent arrears; there is also no requirement to make a formal demand for rent at the property (as was formerly the case at common law) where the lease excludes formal demand; (c) Other breaches: for breaches other than non-payment of rent, s.146 LPA 1925 requires the landlord to serve a notice specifying the breach, requiring remediation where the breach is capable of remedy, and allowing a reasonable time to remedy before taking forfeiture action; peaceable re-entry for a non-rent breach without a valid s.146 notice is unlawful; (d) No waiver: the landlord must not have waived the right to forfeit by, for example, accepting rent or demanding rent after becoming aware of the breach; acceptance of rent with knowledge of a breach is one of the most common ways landlords inadvertently lose the right to forfeit; (e) Residential premises: peaceable re-entry is NOT available for residential tenancies — the Protection from Eviction Act 1977 requires a court order for all residential premises; commercial premises only.

• Rent arrears: no s.146 notice required; the forfeiture clause sets the trigger period (typically 14-21 days after the rent due date)
• Other breaches: s.146 LPA 1925 notice mandatory — specify the breach, require remedy (if remediable), and allow reasonable time before re-entering
• No waiver: accepting or demanding rent after knowing of the breach waives the right to forfeit for that breach — check payment records before proceeding
• Commercial only: peaceable re-entry is absolutely prohibited for residential premises under the Protection from Eviction Act 1977 — court order required for all residential evictions
• Forfeiture clause: the lease must contain an express right of re-entry — no implied right exists; check the lease carefully before acting

How to Effect Peaceable Re-Entry — Practical Steps

Peaceable re-entry must be carried out carefully to avoid criminal and civil liability: (a) Timing: carry out re-entry outside normal business hours — early morning or evening when the premises are unoccupied; Saturday or Sunday for retail premises; (b) Check the premises are unoccupied: before re-entering, check that no one is present; if the tenant, their employees, or anyone connected with the lease is present, do not proceed — come back another time; (c) Change the locks: use a locksmith to change the locks on all entry points; affix a notice to the door stating that the premises have been re-taken by the landlord and providing a contact number; (d) No violence: any entry that involves or would involve use of violence or a breach of the peace is an offence under the Criminal Law Act 1977 s.6 — if there is any risk of confrontation, do not proceed; (e) Goods and stock: do not remove the tenant's goods from the premises without legal advice; the tenant may have a claim for conversion (wrongful interference with goods) if property is removed without authority; in the short term, secure the goods and allow the tenant reasonable access to remove them; (f) Notify the tenant in writing: immediately after re-entry, write to the tenant confirming that the lease has been forfeited and the reason; provide details of any goods left on the premises and a timeframe for removal; (g) Document everything: photograph the state of the premises at re-entry; retain all records of rent demands, invoices, and the arrears calculation.

• Outside business hours: re-enter early morning, evening, or weekend when premises are unoccupied — never attempt entry when tenant or their staff are present
• Change locks: use a locksmith; affix a re-entry notice with landlord's contact details to the door; do not remove tenant's goods
• Criminal Law Act 1977 s.6: using or threatening violence to effect re-entry is a criminal offence; abandon the attempt if there is any risk of confrontation
• Tenant's goods: do not remove; secure and give the tenant reasonable time to collect; seek legal advice on abandoned goods before disposing of them
• Contemporaneous records: photograph the premises at re-entry; document all arrears; retain written notices and correspondence

Relief From Forfeiture — Tenant Rights and Court Applications

A tenant whose lease has been forfeited (whether by peaceable re-entry or by court proceedings) has the right to apply for relief from forfeiture: (a) For rent arrears: under the Common Law Procedure Act 1852 (county court) or the Senior Courts Act 1981 (High Court), the tenant can apply for relief at any time before the landlord re-lets or fundamentally changes the premises; the court will grant relief if the tenant pays all arrears and costs; in practice, a tenant who pays the full arrears and costs within 6 months of the forfeiture will almost always obtain relief; (b) For other breaches (s.146(2) LPA 1925): the tenant can apply for relief at any time before the landlord re-lets or determines the tenancy; the court exercises a broad discretion, taking into account the seriousness of the breach, the tenant's conduct, the landlord's position, and the value of the tenant's interest; (c) Sub-tenants and mortgagees: a sub-tenant or mortgagee of the lease can also apply for relief from forfeiture independently of the tenant; the court can grant them a new tenancy (or an order preserving their sub-tenancy/charge) even where the main tenant does not apply; (d) Time limits: for rent arrears in the county court, the tenant must apply for relief within 6 months of the physical re-entry (in practice, the sooner the better); for non-rent breaches, there is no statutory time limit but delay is fatal — the longer the landlord has been in occupation and has dealt with the premises as their own, the less likely the court is to grant relief; (e) Effect of relief: if relief is granted, the lease is reinstated as if it had never been forfeited; the tenant must comply with any conditions set by the court (typically payment of arrears, costs, and any specific remediation requirements).

• Tenant's right to relief: virtually automatic for rent arrears if the tenant pays all arrears and costs; applies in county court within 6 months of forfeiture
• Other breaches: broad court discretion — seriousness of breach, tenant's conduct, landlord's position, and tenant's interest in the lease all weighed
• Sub-tenants and mortgagees: can independently apply for relief — landlord may end up granting a new lease to a sub-tenant even if the head-tenant does not apply
• No re-letting before relief application: do not re-let the premises or fundamentally change them until the relief application period has passed — doing so may permanently destroy the tenant's right to relief
• Effect of relief: lease reinstated as if never forfeited; tenant must pay arrears, costs, and comply with any court conditions

Risks, Liability, and When to Use Court Proceedings Instead

Peaceable re-entry, while swift, carries risks that make court proceedings preferable in many situations: (a) Unlawful eviction claims: if re-entry is carried out while the premises are occupied (even by the tenant's goods or by a licensee), the landlord may face a claim for unlawful eviction; damages in such cases can be substantial — under the Housing Act 1988 s.27-28 for residential property, or in tort for commercial property; (b) Relief from forfeiture overturning re-entry: a tenant who obtains relief from forfeiture can require the landlord to reinstate them; if the landlord has in the meantime re-let the premises or carried out works, this creates significant practical and legal complications; (c) Waiver after re-entry: if the landlord does anything inconsistent with having terminated the lease after purporting to forfeit (e.g. accepting rent for a later period, communicating as if the lease is continuing), this may constitute a waiver of the forfeiture; (d) Criminal exposure: any violence or breach of the peace in effecting re-entry is a criminal offence; (e) When to use court proceedings instead: use county court possession proceedings where: the tenant is likely to resist (e.g. will apply for relief); there is any doubt about whether the premises are occupied; the breach is other than rent arrears; there are sub-tenancies or mortgages of the lease; or where the landlord wants the legal certainty of a court order.

• Unlawful eviction risk: if anyone is present at re-entry, damages can be substantial — always check premises are empty before proceeding
• Relief from forfeiture: the tenant's right to apply for relief means re-entry is rarely the final word; the landlord should not re-let the premises until the relief window has passed (6 months for rent arrears claims)
• Waiver after re-entry: treating the lease as continuing after forfeiture (accepting rent, communicating as if ongoing) can constitute waiver — the forfeiture must be clear and maintained
• Court proceedings preferable when: tenant likely to contest; sub-tenancies or mortgages exist; breach is not rent arrears; or any doubt about occupation status
• Practical rule: peaceable re-entry suits clear-cut rent arrears on unoccupied commercial premises; anything more complex warrants court proceedings

Frequently asked questions