Forfeit a Commercial Lease – Regain Possession Fast
If your commercial tenant has breached their lease or fallen into rent arrears, we can repossess your property by lawful peaceable re-entry – usually without going to court.
or talk to an expert on 0845 561 0170*
- No court order required
- Possession often regained within 24 hours
- Certificated enforcement agents
- Fixed fee – no hidden extras
Lawful Peaceable Re-Entry & Lease Forfeiture Across the UK
Implementing a peaceable re-entry is a quick and efficient way of dealing with a commercial tenant who has either absconded or has outstanding rent payments owed. It is a successful way of regaining control of your property, and the process is simple: complete a Warrant of Forfeiture, send it back to us electronically, and we can act on it immediately.
Our highly skilled Enforcement Team handles the entire process on your behalf – from checking your lease and confirming your right to forfeit, through to attending the premises, changing the locks and serving the correct notices. We keep you updated every step of the way and draft all reports in-house for accuracy and compliance.
Since the introduction of Commercial Rent Arrears Recovery (CRAR), most of our clients request forfeiture of lease rather than what was previously known as a ‘Warrant to Distrain’ and controlling of goods. This has increased the number of tenants paying outstanding monies owed, reducing both the time taken to recoup debts and the expense to the client.
Who We Help
We act for landlords and the professionals who instruct on their behalf, including:
- Commercial property landlords & investors
- Managing agents & property managers
- Solicitors & legal departments
- Pension funds & commercial portfolios
- Owner-occupiers with sub-let commercial units
0113 252 0453 info@btwnorth.co.uk
* Calls charged at 3p per minute
Other Enforcement Services:
CRAR vs Forfeiture – Which Is Right For You?
Two different remedies are available to commercial landlords, and they achieve very different outcomes. We will help you choose the right one:
- CRAR (Commercial Rent Arrears Recovery) recovers unpaid rent by taking control of the tenant's goods. The lease continues – use this when you want the tenant to stay but to pay.
- Forfeiture of lease ends the lease and returns possession of the property to you. Use this when the tenant has seriously breached the lease and you want the premises back.
Many landlords pursue CRAR first and, where recovery is not possible, then forfeit the lease. Whichever route you choose, the work must be carried out by a certificated enforcement agent.
When Can You Forfeit a Commercial Lease?
- Non-payment of rent. No notice is required; peaceable re-entry is available once rent has been outstanding for the period in your lease.
- Breach of other covenants. A Section 146 notice (Law of Property Act 1925) must be served first, giving the tenant time to remedy the breach.
- When you cannot forfeit. Mixed-use or residential premises, a tenant in administration, or where you have waived your right by accepting rent.
As a specialist process serving firm, we can also serve your Section 146 notice as part of the same instruction.
Our Forfeiture Process
We have a clear, lawful process designed to get your property back quickly while protecting you from risk:
- Instruct us. Complete the Warrant of Forfeiture and send it electronically with the lease and rent statement.
- Legal review. We confirm the right to forfeit has arisen and that the property is commercial only.
- Section 146 notice served where required for non-rent breaches.
- Peaceable re-entry. Our agents attend with a locksmith, change the locks and forfeit the lease.
- Documentation. Forfeiture and Torts notices are affixed, with a full photographic inventory and keys returned to you.
Why Instruct BTW North
We are based in Leeds and act for landlords, managing agents and solicitors across Yorkshire, the North and throughout England and Wales. Our certificated enforcement agents work to the highest professional standards, attend discreetly outside trading hours, and have in-house process serving capability for Section 146 notices. All reports are drafted in-house to ensure they are clear, accurate and fully compliant.
Traveller Eviction FAQ
Do I need a court order to forfeit a commercial lease?
No. For commercial premises, peaceable re-entry carried out by a certificated enforcement agent is a Common Law remedy that does not require a court order, provided your lease contains a forfeiture (right of re-entry) clause and the right to forfeit has arisen.
How quickly can you forfeit a commercial lease?
In most cases we can attend within 24 hours of receiving your instruction and all the required documentation. We typically attend early morning, outside trading hours, to keep disruption to a minimum.
What is the difference between CRAR and lease forfeiture?
Commercial Rent Arrears Recovery (CRAR) allows an enforcement agent to take control of the tenant's goods to recover unpaid rent – the lease continues. Forfeiture ends the lease entirely and returns possession of the property to you. Many landlords use CRAR first; if recovery fails, they then forfeit the lease.
My tenant owes rent. Do I need to give notice before forfeiting?
For non-payment of rent, no notice is required. Once the rent has been unpaid for the period specified in your lease (often 14 or 21 days), you can instruct us to forfeit. Important: if you accept any rent payment after the breach, you may waive your right to forfeit, so seek advice before doing so
Can I forfeit a lease if the property has a residential element?
No. Peaceable re-entry is only lawful for purely commercial premises. If there is any residential element – such as a flat above a shop that is occupied – you must obtain a court order for possession. We will advise you on the correct route.
What happens to the tenant's belongings after forfeiture?
When we effect the forfeiture we take a full inventory and serve a Torts (Interference with Goods) Act 1977 notice, giving the tenant a defined period to arrange collection. We can supervise this re-entry on your behalf.
What is a Section 146 notice and when is it required?
A Section 146 notice (under the Law of Property Act 1925) is required before forfeiting for any breach other than non-payment of rent. It specifies the breach and gives the tenant a reasonable time to remedy it. As a specialist process serving firm, BTW North can serve this notice as part of your instruction.
Can the tenant challenge the forfeiture?
Yes. A tenant can apply to court for relief from forfeiture, most commonly by paying all outstanding arrears, interest and costs. Courts frequently grant relief where arrears are remedied quickly. We will advise you on the risk of a relief application before proceeding.
Does my lease need to contain a forfeiture clause?
Yes. A forfeiture clause (right of re-entry clause) must be expressly included in the lease. For non-payment of rent this is standard in virtually all commercial leases. We will check your lease before proceeding.
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