Q&As

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

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Published on LexisPSL on 02/09/2014

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

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

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

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 unexpired, a landlord cannot enforce a right to damages for breach of a covenant to repair, unless the landlord has served the tenant with a notice of the breach.

Relevant case law

In the case of Rainbow Estates, the High Court ordered, for the first time, specific performance of a tenant’s repairing obligation and held that the

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