Q&As

Can a landlord peaceably re-enter a property where the lease was forfeited on grounds other than non-payment of rent and no application for relief from forfeiture was made? Are there any restrictions/potential liability on/for the landlord where entry has to be forced?

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Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 31/03/2017

The following Property Disputes Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Can a landlord peaceably re-enter a property where the lease was forfeited on grounds other than non-payment of rent and no application for relief from forfeiture was made? Are there any restrictions/potential liability on/for the landlord where entry has to be forced?

In this scenario, it is presumed that the property in question is used for commercial purposes, as if the property is residential, a court order will be required in order to forfeit the lease.

By way of background, a landlord may only forfeit the lease if it contains a contractual provision which defines the circumstances under which the lease can be forfeited.

Where the tenant is in breach of a covenant other than the covenant to pay rent, the landlord must serve a section 146 notice (section 146 of the Law of Property Act 1925 (LPA 1925)) as per LPA 1925. This notice allows the tenant the opportunity to remedy the breach. After service of that notice, if the breach is not remedied within a reasonable time, the landlord can forfeit the lease through peaceable re-entry, or alternatively, by court proceedings. S

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