What is forfeiture of lease by peaceable re-entry?

If your commercial tenant stops paying rent, then you may be able to forfeit their lease by peaceable re-entry.

Commercial tenants who stop paying rent can cost landlords dearly if not dealt with swiftly and efficiently.

A landlord’s right to re-enter a commercial property and forfeit the lease offers them some security as it allows them to claim back the property if the tenant isn’t holding up their end of the deal.

Although there may already be some outstanding rent owed, forfeiting the lease puts a swift end to the problem, preventing it from further spiralling and becoming more costly that it already is.

There are two ways that a landlord can forfeit the lease; by issuing proceedings at court, or by peaceable re-entry.

What is peaceable re-entry?

Peaceable re-entry is the act of physically turning up at the property, re-entering, and securing it, usually by changing the locks.

This is usually the preferred method of forfeiture as it is quick, simple and affordable for the landlord.

Peaceable re-entry cannot be performed whilst the tenant is on the property and should never be attempted if anyone is using the property as their home.

If the tenant still has goods at the property when you take possession of it, then these will need to be dealt with during the process of commercial rent arrears recovery (CRAR).

Unlawful acts of peaceable re-entry can put the landlord at risk of being charged damages for trespass, so the act should always be carried out with care.

For help and advice with carrying out forfeiture of a lease by peaceable re-entry, speak to our team of expert enforcement agents here at Debt Squared by giving us a call for free on 0800 002 9049.