Q&As

When can a commercial landlord re-enter to remedy a breach of a lease?

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Published by a LexisNexis Property Disputes expert

Published on: 02 September 2014

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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

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Jurisdiction(s):

United Kingdom

Key definition:

Landlord definition

What does Landlord mean?

A person who grants a lease.

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