Q&As

What is a landlord's right of re-entry to remedy a tenant’s breach of a commercial lease?

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Published on LexisPSL on 27/08/2014

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What is a landlord's right of re-entry to remedy a tenant’s breach of a commercial lease?
  • Is there an implied right of re-entry?
  • What is the statutory limitation on enforcement?
  • Relevant case law
  • Alternative remedies
  • Further information

Is there an implied right of re-entry?

There is no implied right to re-enter commercial premises to carry out repairs in circumstances where the tenant is in breach of their repairing obligations. Therefore gaining access to carry out the repairs is subject to whether or not the lease provides such a right to the landlord.

If the lease provides a right of re-entry, the landlord can follow the process (if any) set out in the lease to enter and effect the repairs. In such instances, if that right to access is accompanied by a right to an indemnity to cover the cost of such repairs, this would be a contractual matter to be pursued in the normal manner regarding claiming under an indemnity.

What is the statutory limitation on enforcement?

In circumstances where property is held on lease for seven years or more, of which three years or more remain unexp

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