Do I need a court order to forfeit?

Not where the premises are commercial and unoccupied at the point of re-entry. Forfeiture by peaceable re-entry ends the lease without court proceedings. Occupied premises, or anything partly residential, need the court route, which we can also manage, but which takes considerably longer.

Can the tenant get the lease back afterwards?

They can apply to the court for relief from forfeiture, and the court has a discretion to grant it, usually on terms that the arrears and costs are paid. Relief is a real possibility rather than a formality, which is why the re-entry itself must be carried out and documented correctly. We photograph and record every step for exactly this reason.

What happens to the tenant's goods left inside?

The landlord becomes responsible for them as an involuntary bailee and must take reasonable care of them and give the tenant a proper opportunity to collect. Goods cannot simply be disposed of. We inventory what is on site at the point of re-entry so the position is documented from the outset.

Can I forfeit and still recover the arrears?

Forfeiting ends the lease; it does not extinguish the debt that had already accrued, which can still be pursued through the courts and then High Court enforcement. What you cannot do is exercise CRAR for those arrears and then forfeit for them, because using CRAR treats the lease as continuing and waives the right to forfeit.

How quickly can it be done?

Frequently the same day you instruct us, and often out of hours before trade begins. The work is instruction and lease review, then attendance with a qualified locksmith, then securing the premises and displaying formal notices of termination.

What can waive the right to forfeit?

Any act that treats the lease as continuing after you knew of the breach: most commonly demanding or accepting rent. Waiver is easy to do by accident and difficult to undo, so it is worth taking advice before sending any further demand once a breach is known.

Forfeiture of Lease | Same Day Commercial Repossession

What is forfeiture?

Most commercial leases reserve the landlord a right of re-entry when the tenant breaches the lease, most commonly for non-payment of rent. Forfeiture by peaceable re-entry allows the landlord to end the lease and take back the premises without a court order: our certificated enforcement agents attend the property, secure it with a qualified locksmith, and display formal notices of the lease's termination.

It is quick, decisive, and frequently completed out of hours before trade begins. In many cases the premises are back in your control the same day you instruct us.

When is forfeiture available?

✓The lease contains a forfeiture / re-entry clause (almost all commercial leases do).
✓The tenant is in breach. Rent arrears are the most common ground.
✓The right has not been waived, for example by demanding or accepting rent after learning of the breach.
✓The premises are commercial and unoccupied at the point of re-entry. Occupied or partly residential premises need the court route, which we can also manage.

How we carry it out

Instruction & lease review. We confirm the forfeiture clause, the breach, and that the right has not been waived, then agree timing with you.
Attendance. Certificated agents attend with a qualified locksmith, typically early morning, re-enter peaceably, and change the locks.
Securing & notices. The premises are secured, statutory notices are displayed, and any goods left inside are dealt with correctly under the Torts (Interference with Goods) Act 1977.
Handover. You receive keys, a full photographic report and, where required, ongoing vacant property security.

Forfeit or recover? A word of strategy.

Forfeiture ends the lease, and with it the rent stream. Where the tenant has value worth pursuing, CRAR may recover your arrears while keeping the lease alive. Where the tenant is gone or beyond recovery, forfeiture returns the asset so it can be re-let. We will advise candidly which route serves your position best; tenants may also apply to court for relief from forfeiture, and we prepare every re-entry with that in mind.

Forfeiture of Lease

What is forfeiture?

When is forfeiture available?

How we carry it out

Forfeit or recover? A word of strategy.

Questions landlords and solicitors ask us

Instruct an enforcement specialist today.