Commercial landlord peaceable re-entry is when your landlord changes the locks and retakes a leased business property without going to court first, provided they do it peacefully and without force against a person. It is lawful in many rent-arrears situations, but it is not unlimited, and directors who arrive to find the locks changed still have options.
This article explains when peaceable re-entry is allowed, what happens to stock and equipment left inside, and how a director can apply for relief from forfeiture to get the premises back.
What peaceable re-entry is
Peaceable re-entry (also called forfeiture by re-entry) is a landlord's right, built into most commercial leases, to end the lease and retake possession without a court order. The landlord (or an agent, usually a certificated enforcement agent) attends the property, changes the locks and posts a notice confirming the lease has been forfeited.
It is called "peaceable" because the law requires it to happen without violence or the threat of violence to anyone present. If force is used against a person, or entry is forced while someone is inside objecting, the re-entry can become unlawful.
When a landlord can lawfully re-enter and lock you out
A landlord can usually only use peaceable re-entry where the lease contains a forfeiture clause and one of these applies:
- Rent (including service charge and insurance rent, if worded that way) is unpaid, often after a stated grace period.
- There is a serious breach of another lease term, such as unauthorised alterations or unlawful subletting.
- The tenant has become insolvent, where the lease allows forfeiture on that ground.
For non-payment of rent, the landlord does not usually need to give advance warning before changing the locks. For other breaches, they typically must first serve a formal notice under section 146 of the Law of Property Act 1925, giving the tenant a chance to remedy the breach.
Re-entry must also not be "waived". If the landlord has done something inconsistent with ending the lease — such as demanding or accepting rent after the breach — they may lose the right to forfeit until a new breach arises.
What happens to stock and equipment left inside
Peaceable re-entry ends the lease, but it does not give the landlord ownership of whatever is left inside. Stock, equipment and documents generally remain the tenant company's property. Most leases entitle the landlord to hold these goods and charge storage, or to give notice requiring their removal within a set period.
Landlords are expected to take reasonable care of goods left on the premises and to allow reasonable access to retrieve them, usually by prior arrangement. A director should ask, in writing, for an inventory and a time to collect essential items and records.
Whether you can get back in
Being locked out is not necessarily the end of the tenancy dispute. If the re-entry was procedurally flawed — for example, no valid forfeiture clause, rent was not actually due, or a required notice was skipped — the tenant may be able to challenge it and seek to be reinstated.
Even where the re-entry itself was lawful, the court has discretion to grant "relief from forfeiture", effectively reversing the forfeiture and restoring the lease, usually on condition that arrears and costs are paid.
Applying for relief from forfeiture
Relief from forfeiture is a court application, not an automatic right. In practice:
- Speed matters. Courts are generally more sympathetic the sooner an application is made after re-entry.
- The tenant typically needs to be able to pay, or offer a credible plan to pay, the arrears and the landlord's reasonable costs.
- The court weighs the conduct of both sides, including whether the breach was deliberate or a temporary cashflow problem.
An application is usually made in the County Court using the relevant application notice, supported by evidence of the lease, the arrears history and the tenant's proposals for payment. Because outcomes turn on the specific lease wording and facts, this is an area where specialist legal advice is genuinely needed rather than general guidance.
Immediate steps if you've been locked out
If you arrive to find the locks changed, a calm and methodical response protects the company's position:
- Photograph the premises, notices and locks, and note the date and time you discovered the re-entry.
- Request, in writing, the landlord's grounds for forfeiture and a schedule of arrears or the alleged breach.
- Ask for access to remove urgent stock, equipment and business records.
- Get advice quickly on whether to seek relief from forfeiture, particularly if the business is otherwise viable and the arrears are recoverable.
- Review the wider cashflow position that led to arrears, since a locked door is often a symptom of a broader pressure point. Our guide to a business cashflow crisis sets out how directors typically regain control.
It also helps to understand the forfeiture process itself in more detail, including the notice requirements landlords must follow — see can my landlord forfeit the lease for arrears? If the immediate issue is the arrears themselves rather than the lock-out, our overview of commercial rent arrears options covers the alternatives to forfeiture, such as payment plans and Commercial Rent Arrears Recovery.
Frequently asked questions
Does my landlord have to give me notice before peaceable re-entry?
For rent arrears, usually not — most leases allow re-entry once rent is a set number of days overdue, with no separate warning required. For other breaches, a section 146 notice giving a chance to remedy the breach is generally required first.
Can a landlord lock me out outside normal hours?
Re-entry can happen at any time, provided it is done peaceably and no one is forcibly excluded while present and objecting. Many landlords choose early morning or evening to reduce disruption and risk of confrontation.
How do I recover goods left inside after peaceable re-entry?
Write to the landlord requesting an inventory and a supervised collection appointment. The goods generally remain your company's property, and the landlord should allow reasonable access, though they may charge storage.
Is peaceable re-entry the same as Commercial Rent Arrears Recovery (CRAR)?
No. CRAR lets a landlord instruct enforcement agents to seize and sell goods to recover unpaid rent while the lease continues. Peaceable re-entry instead ends the lease itself and retakes the property.
Can I still get the lease back after being locked out?
Possibly, through a court application for relief from forfeiture, particularly if made promptly and the arrears or breach can be resolved. The court has discretion and looks at the full circumstances.
This article is general information, not legal or insolvency advice, and every lease and situation differs. If you'd like to talk it through, Harbourfirst can introduce you to a regulated insolvency specialist or solicitor — start an enquiry.