Commercial landlords, freeholders and property companies
Commercial property possession and forfeiture solicitors
Fast, decisive advice for commercial landlords on forfeiture, re-entry and recovering premises without losing the right along the way.
When a commercial tenant breaches the lease, the landlord's options have a short shelf life. Continuing to demand or accept rent after knowledge of the breach can waive the right to forfeit, and the decision often has to be taken within days.
We advise commercial landlords on whether the right to forfeit exists, whether it has been waived, and whether exercising it is the right commercial call against re-letting prospects, business rates and the likelihood of a relief application.
Who this service is for
- Landlords of retail, office, industrial and mixed-use premises
- Property companies and investors with commercial tenants in arrears
- Landlords facing unauthorised occupation, assignment or use
- Managing agents needing an urgent decision on whether to re-enter
What we advise on
- Right to forfeit and waiver
- Whether the lease permits forfeiture, whether the breach is continuing or once-and-for-all, and whether the right has been waived.
- Statutory notices
- Notices required before forfeiture for breaches other than non-payment of rent, and the time allowed to remedy.
- Peaceable re-entry
- Instructing enforcement agents, timing, security of the premises, goods left behind and the records to keep.
- Possession proceedings
- Claims for possession where re-entry is not appropriate, including where there are subtenants or lenders.
- Relief from forfeiture
- Responding to applications by tenants, subtenants and lenders, and the terms on which relief is usually granted.
- Arrears and dilapidations after recovery
- Recovering arrears from the tenant, guarantors or former tenants, and pursuing terminal dilapidations.
How Resolve can help
- Give a same-week view on whether the right to forfeit survives
- Stop the automatic acts — demands, direct debits and agent correspondence — that waive it
- Weigh forfeiture against arrears recovery, re-letting and holding costs before you commit
- Manage lawful peaceable re-entry, or issue proceedings where re-entry carries too much risk
- Defend relief applications and negotiate the terms on which the lease continues or ends
How urgent instructions run
1. Immediate hold
Suspend demands and payment collection while the position is assessed, and record what is known and when.
2. Lease and breach analysis
Forfeiture clause, nature of the breach, notice requirements and waiver risk.
3. Commercial decision
Forfeit, negotiate or recover arrears — chosen against re-letting prospects and holding costs.
4. Execution
Re-entry or proceedings, followed by any relief application and recovery of sums due.
Why commercial landlords instruct us
- We answer the waiver question quickly, because that is the question that expires
- Advice weighs the empty-unit cost, not just the legal right
- Coordinated with arrears recovery and dilapidations so nothing is given away by accident
- Acting on commercial premises in London, Watford and Hertfordshire
Where we act
We act for commercial landlords with premises in London, Hertfordshire and across England & Wales, in the county court and High Court.
Frequently asked questions
How does a commercial landlord forfeit a lease?
Where the lease contains a forfeiture clause and the right has not been waived, forfeiture is effected either by peaceable re-entry or by court proceedings, and for breaches other than rent usually only after a statutory notice.
Waiver is easy to trigger — demanding or accepting rent after knowledge of the breach can end the right — so the decision needs to be taken quickly and carefully.
Can a tenant get the lease back after forfeiture?
A tenant, and sometimes a subtenant or lender, can apply to the court for relief from forfeiture, usually on terms that the arrears and the landlord's costs are paid.
We advise landlords on the likely outcome of a relief application before the right to forfeit is exercised, and on how to deal with re-letting in the meantime.
What can a commercial landlord do about unpaid rent and service charge?
Options include a formal demand, drawing on a rent deposit, pursuing a guarantor or former tenant, commercial rent arrears recovery, a debt claim, or forfeiture where the lease allows it.
The right route depends on the lease terms, the tenant's solvency and whether you want the tenant to remain in occupation.
Start Your Enquiry
Tell us briefly what has happened and what you need. Email and telephone are both required so we can respond in the way that suits you.