Forfeiting of Lease by peaceable re-entry – My commercial tenant lives above the shop and has not paid his rent. Can I forfeit the lease?
Commercial Landlords see peaceable re-entry as a valuable device speeding up re-possession and avoiding court costs when they have a defaulting tenant.
Most leases make provision for this, though a tenant can pay the arrears and apply to the court for relief.
Where a commercial tenant lives on the premises, ie mixed-use, on a single lease, quite common with commercial lettings, the law restricts the right of forfeiture through this means.
In Parabakaran v Patel 2006 the Court of Appeal ruled that to re-enter any part of a mixed-use premise would fall foul of the Protection from Eviction Act 1977.
Any lawful attempt at re-possession would therefore involve court possession proceedings, which in any case gives the landlord a greater degree of certainty of possession.
Also, the general rules on forfeiture through peaceable re-entry are under review by the Law Commission, see:
By Tom Entwistle,
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