Please Note: This Article is 4 years old. This increases the likelihood that some or all of it's content is now outdated.

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.

- Advertisement -

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:

http://www.lawcom.gov.uk/docs/cp174sum.pdf 

http://www.lawcom.gov.uk/docs/tot_pba_lecture_091106.pdf

By Tom Entwistle,

LandlordZONE® ID2059

If you have any questions about any of the issues here, post you question to the LandlordZONE® Forums – these are the busiest Rental Property Forums in the UK – you will have an answer in no time at all.

©LandlordZONE All Rights Reserved – never rely totally on these general guidelines which apply primarily to England and Wales. They are not definitive statements of the law. Before taking action or not, always do your own research and/or seek professional advice with the full facts of your case and all documents to hand.

Please Note: This Article is 4 years old. This increases the likelihood that some or all of it's content is now outdated.

LEAVE A REPLY

Please enter your comment!
Please enter your name here