Lease Forfeiture
Regain Control of Your Property
When commercial tenants breach their lease agreement – whether by failing to pay rent or violating contractual terms – landlords have the legal right to repossess their property through lease forfeiture.
What is Lease Forfeiture?
Lease forfeiture is the legal process of terminating a commercial lease due to tenant breaches. It allows landlords to re-enter their property and take back possession, ensuring that problematic tenants do not continue to occupy the premises unlawfully.
Common Reasons for Lease Forfeiture
Non-Payment of Rent
The most common reason for forfeiture. If rent remains unpaid, landlords can take back the property.
Breach of Lease Terms
This includes illegal activities, property misuse, or unauthorised subletting.
Insolvent Tenants
If a tenant goes bankrupt or enters administration, landlords may have the right to forfeit the lease.
Our Lease Forfeiture Process
Legal Review & Advice
We assess your lease agreement to confirm your right to forfeit and ensure all actions comply with UK law.
Peaceful Re-Entry
CRAR only applies to unpaid rent and not service charges, insurance, or other costs.
Notice of Forfeiture
The rent must be overdue by a minimum of seven days.
Property Protection & Recovery
Only authorised enforcement agents like Sheriff & Penny can carry out CRAR.
Why Choose Sheriff & Penny for Lease Forfeiture?
At Sheriff & Penny, we provide fast and lawful lease forfeiture services, helping landlords regain control of their properties without lengthy court proceedings. With over 20 years of experience, our team ensures a smooth and compliant process, protecting your rights every step of the way.
Legally Compliant & Professional – We ensure that forfeiture is carried out lawfully to avoid legal challenges.
Fast & Efficient – We act quickly to secure your property and minimise financial losses.
Peaceful Re-Entry – Our enforcement team conducts the process without confrontation or disruption.
Ongoing Support – We help landlords with post-forfeiture matters, including re-letting the property.
Frequently Asked Questions
(FAQ's)
What is lease forfeiture?
Lease forfeiture is the legal right of a landlord to terminate a commercial lease agreement due to a breach of contract, usually non-payment of rent. This allows the landlord to re-enter the property and take back possession without needing a court order.
When can I forfeit a lease?
You can forfeit a lease if:
✔ The lease contains a forfeiture clause allowing termination for breaches.
✔ The tenant has breached the terms of the lease (most commonly for rent arrears).
✔ The required notice has been served (if applicable).
If the breach is for non-payment of rent, you can act immediately without notice. If it’s for other breaches (e.g., property damage or unauthorised use), you may need to serve a Section 146 Notice first.
Do I need a court order to forfeit a lease?
No, a court order is not required for non-payment of rent, provided the forfeiture is done through peaceable re-entry. However, if a tenant refuses to leave or challenges the forfeiture, a court order may be needed.
Can lease forfeiture be used for unpaid service charges or other breaches?
Yes, but for breaches other than rent arrears, the landlord must first serve a Section 146 Notice, giving the tenant a chance to rectify the issue before forfeiture.
Can the tenant regain possession after forfeiture?
Yes, the tenant has the right to apply for relief from forfeiture, usually by paying off their rent arrears or addressing the breach. If the court grants relief, they may be allowed back into the property.
What happens to the tenant’s belongings after forfeiture?
Landlords must follow strict legal procedures when dealing with abandoned tenant goods:
✔ Under the Torts (Interference with Goods) Act 1977, you must give the tenant a chance to collect their belongings.
✔ If unclaimed, items may be disposed of or sold, following the correct legal notice periods.
Our team ensures full legal compliance in handling tenant possessions.
What if the tenant is still in the property?
If the tenant is still actively occupying the premises, they must vacate voluntarily or through a court possession order. Forfeiture must be carried out peacefully, so if the tenant refuses to leave, court action may be required.
How long does the lease forfeiture process take?
For non-payment of rent, forfeiture can be immediate if done through peaceable re-entry. If a Section 146 Notice is required, the process can take a few weeks.