Forfeiture of Lease Leads to Premises Re-Entered and Secured for the Landlord in Kensington
Related Services
Team Members Involved
The Situation
A landlord in Kensington, west London held the lease on a ground-floor and basement commercial premises that had been operating as a wellness and fitness studio. The tenant company had fallen into breach of the lease, and the business had ceased trading. With the unit effectively abandoned and the lease forfeit, the landlord needed to recover possession lawfully and secure the premises against unauthorised access.
Peaceable re-entry is a well-established remedy for a landlord where a commercial lease allows it and the premises are no longer occupied for trade. It avoids court proceedings but must be carried out correctly – at the right time, with the premises confirmed vacant, and with the property properly secured afterwards so that no one can lawfully re-enter. Getting any part of that wrong exposes a landlord to challenge.
After searching for commercial lease forfeiture in London, the client contacted Strikes Property Services Group.
Our Approach
Our enforcement agent attended the premises early, at 5.30am, to carry out the re-entry at a time when the unit would be empty and the operation could be completed without disruption to neighbouring occupiers. A locksmith attended alongside our agent from the outset.
On arrival, our agent confirmed that the business was no longer trading. Once the premises had been entered, the locksmith changed both locks on the front door – an Ingersoll and a mortice – so that access could be fully controlled from that point on. Our agent then carried out a full check of the unit to confirm it was clear and to identify anything that needed attention before the property could be handed back secure. The ground floor and basement were both inspected. An adjoining door to the neighbouring property was confirmed locked off, and a rear fire exit from the basement was left as found, as it could not be opened from the outside and posed no security risk.
A quantity of goods had been left behind by the former occupier. Rather than dispose of anything, our team followed the correct legal process: a formal notice was posted advising that the goods were available for collection, served under the Torts (Interference with Goods) Act 1977, giving the former occupier a clear window to arrange collection before any further step could be taken. Statutory notices confirming the re-entry and forfeiture were also displayed in the window and on the front door, putting on record that the premises had been lawfully recovered and that no one could lawfully re-enter without the landlord’s authority. Photographs were taken throughout to evidence the condition of the premises and the work carried out.
With the locks changed, the notices displayed and the unit confirmed clear, our team secured the property and left site. The whole attendance took around 30 minutes. The new keys were then delivered personally to the address the landlord had provided.
Outcome
The landlord recovered full possession of the commercial premises in a single early-morning attendance, with the lease forfeited, the unit secured under new locks, and the correct statutory notices served on both the forfeiture and the goods left behind. Possession was restored cleanly and lawfully, leaving the landlord free to re-let or repurpose the unit without the delay and cost of court proceedings.
The case was managed by Karen Pates (Enforcement Agent) and Janet Morris, under the direction of Chris Bane (Managing Director), ensuring the re-entry was carried out lawfully, the premises were left fully secure, and the landlord’s position was properly protected throughout.
