Commercial Lease Forfeiture and Repossession Solicitors
If you are a landlord seeking to recover possession of commercial premises, or a tenant facing forfeiture proceedings, our solicitors, with over 25 years of experience in commercial landlord and tenant disputes, can help.
Forfeiture is the legal mechanism in England and Wales by which a landlord brings a commercial lease to an end before the contractual expiry date, on the grounds that the tenant has breached a covenant. Forfeiture is one of the most powerful remedies available to a commercial landlord, but also one of the most technically demanding. A landlord who waives their right to forfeit by accepting rent after the breach, or who forfeits without satisfying the procedural requirements of section 146 of the Law of Property Act 1925, can face liability to the tenant for unlawful eviction.
We advise landlords and tenants on forfeiture and repossession across all commercial property types, including retail premises, offices, industrial units, and mixed-use buildings. We hold a Lexcel accreditation from the Law Society of England and Wales and are regulated by the Solicitors Regulation Authority. Our team offers a full range of commercial property law services.
What does our forfeiture and repossession service cover?
Forfeiture in England and Wales requires strict compliance with procedural rules. Our team advises and represents clients across Greater London and England and Wales on:
- Forfeiture for non-payment of rent, advising landlords on the right to forfeit by peaceful re-entry where rent is unpaid and no section 146 notice is required.
- Forfeiture for breach of covenant, advising landlords on the service of a section 146 notice under the Law of Property Act 1925 before forfeiture can be exercised for a breach other than non-payment of rent.
- Peaceful re-entry, advising landlords on the circumstances in which physical re-entry to the premises is lawful and on the precautions required to avoid a claim for unlawful eviction.
- Forfeiture by court proceedings, managing the issue of possession proceedings in the County Court or High Court where peaceful re-entry is not appropriate or available.
- Waiver of forfeiture, advising landlords on how to avoid waiving the right to forfeit by conduct such as accepting rent after the breach became known.
- Relief from forfeiture, advising tenants whose leases are being or have been forfeited on applications to the court for relief, which can restore the lease on terms.
- Commercial Rent Arrears Recovery, advising on the statutory procedure under the Tribunals, Courts and Enforcement Act 2007 for recovering unpaid commercial rent by taking control of the tenant’s goods.
- Landlord enforcement alternatives, advising on the options available to a landlord seeking to enforce payment of unpaid rent without forfeiting the lease.
- Vacant possession claims, where a tenant has abandoned the premises and the landlord needs to take steps to accept the surrender or pursue outstanding obligations formally.
Why choose Law Lane for forfeiture matters?
Forfeiture requires specialist advice before any step is taken. A section 146 notice under the Law of Property Act 1925 that fails to specify the breach correctly, or peaceful re-entry carried out without first confirming that no sub-tenant has been served, can give the tenant the basis for a claim that survives the forfeiture and exposes the landlord to damages. We advise on every step before any action is taken.
For tenants facing forfeiture, the right to apply for relief from forfeiture can, in the right circumstances, restore the lease even after the landlord has re-entered. That application must be made promptly. A tenant who delays may lose the lease permanently. We act for tenants in relief applications where the continuation of the business depends on the outcome.
Our Lexcel accreditation from the Law Society of England and Wales, and our 4.95 review rating from over 1,200 reviews, reflect our standard of work. We give clients a realistic timetable, keep them informed at every stage, and ensure the legal work does not become the bottleneck in the transaction.
Get in touch
Our commercial property team is ready to advise you on forfeiture and repossession today. These matters often require urgent action, and early advice is the most effective protection for both landlords and tenants. Please phone: 020 7870 4870 or email: info@lawlanesolicitors.co.uk
Law Lane Solicitors is proud to be accredited under The Law Society’s Immigration and Asylum Accreditation.
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Frequently Asked Questions –
Forfeiture and Repossession
What is forfeiture of a commercial lease?
Forfeiture is the landlord’s right to bring a commercial lease to an end before its contractual expiry date where the tenant has breached a condition or covenant of the lease. The most common grounds are non-payment of rent and breach of other covenants, such as the repairing obligation or the obligation not to assign without consent.
Does the landlord always need to serve a section 146 notice before forfeiting?
A section 146 notice under the Law of Property Act 1925 is required before forfeiting for breach of any covenant other than the covenant to pay rent. The notice must specify the breach, require the tenant to remedy it if capable of remedy, and require the tenant to make monetary compensation. Failure to serve a valid section 146 notice before forfeiting for a non-rent breach renders the forfeiture unlawful.
What is waiver of forfeiture and how does it happen?
A waiver occurs when a landlord, with knowledge of the breach that would entitle them to forfeit, performs an act acknowledging the continuation of the lease. The most common form of waiver is accepting rent after the breach has occurred. Once a waiver has taken place, the landlord cannot forfeit for that particular breach. We advise landlords on how to preserve their forfeiture right while taking other enforcement steps.
What is relief from forfeiture?
Relief from forfeiture is a court order that restores a commercial lease that has been forfeited, usually on conditions such as the payment of all outstanding rent and costs. Tenants who apply promptly and who can demonstrate willingness and ability to comply with their obligations in future have a reasonable prospect of obtaining relief. Where the breach relates to non-payment of rent, the courts are generally willing to grant relief if all arrears and costs are paid.
What is Commercial Rent Arrears Recovery?
Commercial Rent Arrears Recovery, known as CRAR, is a statutory procedure under the Tribunals, Courts and Enforcement Act 2007 that replaced the common law remedy of distress in April 2014. CRAR allows a landlord to instruct an enforcement agent to enter commercial premises and take control of the tenant’s goods to the value of the unpaid rent. Strict procedural requirements apply, including a minimum seven days’ advance notice, and CRAR can only be used to recover rent, not other sums due under the lease.
Can a landlord change the locks on commercial premises?
A landlord can lawfully re-enter commercial premises by changing the locks only where the lease has been forfeited and the tenant is not in occupation. A landlord who changes the locks while the tenant is in occupation, or without first satisfying the conditions for forfeiture, risks a claim for unlawful eviction and damages. We advise on the conditions that must be met before peaceful re-entry takes place.
What should a tenant do if their landlord has forfeited their lease?
A tenant whose lease has been forfeited should take legal advice immediately. An application for relief from forfeiture must be made within a reasonable time; delay reduces the prospect of success. We advise tenants on whether relief is available, what conditions the court is likely to impose, and how to make the application as quickly as possible.
How much does an initial consultation cost?
We offer a fixed-fee initial consultation for forfeiture and repossession matters. At that meeting, we assess the legal position, advise on the available options, and provide a cost estimate for the steps required. Please contact us to arrange a time.
Commercial Property Team
Saghir Ahmad
Managing Director, SolicitorView Profile | ContactBook Appointment
Brian Hoffman
Consultant SolicitorView Profile | ContactBook Appointment
Amrit Kaur Grewal
SolicitorView Profile | ContactBook Appointment
Ata Ur Rahman
SolicitorView Profile | ContactBook Appointment
Ganga Gunatilake
SolicitorView Profile | ContactBook Appointment
Adedamola Adedeji
SolicitorView Profile | ContactBook Appointment
Kainaat Malik
Trainee SolicitorView Profile | ContactBook Appointment
Rahat Ara Gitu
SolicitorView Profile | ContactBook Appointment
Amina Aziz
ParalegalView Profile | ContactBook Appointment
Esra Demirtas
ParalegalView Profile | ContactBook Appointment
Farzana Mohammed
Trainee SolicitorView Profile | ContactBook Appointment
Christian O. Nwaorah
SolicitorView Profile | ContactBook Appointment
Hafza Hassan
Trainee SolicitorView Profile | ContactBook Appointment
Hina Latif
Legal Consultant / RFLView Profile | ContactBook Appointment
Aiziya Khan
ParalegalView Profile | ContactBook Appointment
Sanushi Sumaya Hemantha
ParalegalView Profile | ContactBook Appointment
Syed Umer Ali
ParalegalView Profile | ContactBook Appointment
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