Unlike residential tenancies, commercial leases can give landlords the right to recover possession of a property without first going to court. One way of doing this is through peaceable re-entry, a form of commercial lease forfeiture that will often involve changing the locks.
It can be a powerful remedy where a commercial tenant is in serious breach of the lease, particularly where there are significant commercial rent arrears.
However, the right to forfeit a commercial lease is not a free pass to change the locks. The lease must give the landlord a right of re-entry, the circumstances must allow that right to be exercised, and the landlord must follow the correct legal process.
If those conditions are not met, an attempted peaceable re-entry may be unlawful and could expose the landlord to a claim from the tenant.
So, when can a commercial landlord legally change the locks, and when is a court order required?
What Is Peaceable Re-Entry?
Peaceable re-entry is a method of forfeiting a commercial lease by taking back physical possession of the premises without first obtaining a court order. In practice, this will often involve entering the property while it is unoccupied and changing the locks.
The landlord must have a valid right to forfeit the lease and must exercise that right lawfully. Whether peaceable re-entry is available will depend on the terms of the lease, the type of breach and the surrounding circumstances.
When Lock Changes Are Allowed
A forfeiture clause must be in the lease.
The lease agreement has to explicitly give the landlord the right to re-enter the property and end the lease if a breach occurs. No forfeiture clause, no right of re-entry, it’s as simple as that.
Rent arrears past the grace period.
If rent is unpaid beyond a specified grace period, often 21 days, landlords can exercise peaceable re-entry without needing a court order first.
No force or violence.
The landlord cannot break in or use physical force while anyone is inside the premises; doing so is a criminal offence, not just a civil matter. In practice, this is why re-entry usually happens early in the morning or late at night, when the building is confirmed empty.
A notice must be left on the property.
A formal notice stating that the lease has been forfeited must be left visibly on site. This is a legal requirement, not an optional courtesy, without it, the re-entry can be challenged.
When Lock Changes Are Illegal
No forfeiture right.
If the lease doesn’t contain a clear forfeiture clause, or the breach in question is minor, changing the locks is unlawful, regardless of how frustrated the landlord is with the tenant.
Waiver.
If the landlord has acted in a way that treats the lease as ongoing after becoming aware of a breach — accepting rent afterward is the classic example — they lose the right to forfeit. Once waived, that breach can no longer be used to justify re-entry for that rental period or any prior.
Breaches other than non-payment of rent.
For any breach that isn’t unpaid rent, landlords will usually need to serve a formal ‘Section 146 notice’ first, giving the tenant time to remedy the issue, or go through the courts entirely. Peaceable re-entry without notice is very much the exception reserved for rent arrears, not the default response to any lease breach.
The Takeaway
Peaceable re-entry is a real and powerful right, but it’s narrow, procedural, and unforgiving of shortcuts. Before changing the locks on a commercial tenant, a landlord needs to be certain the lease contains a valid forfeiture clause, the breach genuinely qualifies, no waiver has occurred, and the re-entry itself is carried out without force and properly documented with a notice on site.
Simply changing locks isn’t all that needs doing, correct notices such as a Forfeiture and Tort’s notice are also required, inventory, photos etc. That’s why, many landlords, solicitors and managing agents instruct Strikes Property Services, to ensure the correct procedures are followed. Make a mistake, and it could cost you and your client.
Considering forfeiture or peaceable re-entry on a commercial lease? Get in touch with our team before you act, getting the process right the first time avoids a much costlier dispute later.
