Q&As

If a landlord physically re-takes possession of a commercial property from a trespasser/occupier, how long does the trespasser/occupier have in order to apply to the courts to be reinstated to the property?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 21 February 2025
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A lease can be forfeited only in two ways. The first is by peaceable re-entry; the second by the bringing of legal proceedings. Forfeiture must be carried out by way of a final and positive act which cannot be retracted (Serjeant v Nash) and must be accompanied by an intention to forfeit.

Physical re-entry is usually done by changing the locks of the premises. Alternatively, a constructive physical re-entry takes place where the landlord lets into occupation a third party and maintains them as tenant. However, merely entering in order to secure the premises after a tenant absconds

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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