Can a Commercial Landlord Change the Locks?
In some circumstances, a commercial landlord may recover possession of business premises by peaceable re-entry and change the locks without first obtaining a possession order. The right must arise under the lease, remain available and be exercised lawfully.
A commercial landlord may sometimes change the locks through peaceable re-entry
Where a commercial lease contains a valid right of re-entry or forfeiture, and that right has arisen and has not been waived, a landlord may in appropriate circumstances recover possession by peaceable re-entry.
This commonly involves attendance at apparently unoccupied commercial premises, gaining lawful peaceable access, replacing the locks, securing the property and displaying appropriate notices.
The landlord's right to forfeit must be checked first
Changing the locks is the operational step. The important question is whether the landlord has a presently exercisable right to recover possession.
Check the lease
The lease should contain an appropriate forfeiture or right-of-re-entry provision covering the relevant breach.
Confirm the breach
The landlord must identify the breach being relied upon, such as qualifying rent arrears or another covenant breach.
Check for waiver
Demanding or accepting rent, or other conduct recognising the continuing lease, can affect the right to forfeit for an existing breach.
Check occupation
Residential, mixed or disputed occupation can materially change the position and may make peaceable re-entry inappropriate.
If the landlord wants the property back
Commercial lease forfeiture may be considered where unpaid rent or another qualifying breach has triggered a valid right of re-entry and recovering possession is the landlord's objective.
Commercial lease forfeiture →If the landlord wants the tenant to remain
If the objective is to recover qualifying commercial rent while treating the lease as continuing, Commercial Rent Arrears Recovery may be the more appropriate route.
Commercial Rent Arrears Recovery →What if the breach is not unpaid rent?
For most breaches other than non-payment of rent, section 146 of the Law of Property Act 1925 generally restricts forfeiture until an appropriate notice has been served and the statutory requirements have been met.
The notice must properly identify the breach and, where the breach is capable of remedy, require it to be remedied. An appropriate period must then be allowed before forfeiture is considered.
Read about Section 146 notices →What happens during peaceable re-entry?
A properly planned commercial forfeiture involves considerably more than simply changing a lock.
Instruction and documents reviewed
The lease, arrears or breach information, authority, occupation and relevant risk factors are considered before attendance.
Attendance planned
Experienced enforcement agents and, where required, a locksmith attend at an appropriate time with the necessary site information.
Peaceable entry assessed on arrival
The circumstances at the premises are checked. If peaceable re-entry cannot lawfully or safely proceed, the attendance is not simply forced through.
Possession secured
Where possession is lawfully recovered, locks can be replaced and appropriate notices displayed.
Condition and goods documented
Photographs, meter readings, the condition of the premises and goods remaining inside are recorded for the client and subsequent management.
Changing the locks may not be appropriate in every case
Frequently asked questions
Does a commercial landlord always need a court order to change the locks?
Can the locks be changed while the tenant is inside?
Can the landlord change the locks for unpaid commercial rent?
What happens to the tenant's goods after forfeiture?
Can the tenant challenge the forfeiture afterwards?
Commercial property enforcement
Considering commercial lease forfeiture?
Send us the lease, rent or breach details and current occupation information. We can review the operational information required before attendance is arranged.
