Commercial lease guidance · England and Wales

Relief from Forfeiture: A Guide for Commercial Landlords & Tenants

Relief from forfeiture is the court remedy that can, in appropriate circumstances, restore or protect leasehold rights after a landlord has exercised, or is seeking to exercise, a right of re-entry or forfeiture.

This is a legal and procedural guide. It explains what relief from forfeiture means, the difference between rent and non-rent breaches, relevant statutory routes, timing and the practical implications for landlords after possession has been recovered.
Operationally reviewed by: Craig Whinray Role: Director & Certificated Enforcement Agent Experience: 20+ years frontline enforcement Last reviewed: 3 October 2026
Direct answer

What is relief from forfeiture?

Relief from forfeiture is a court remedy available in qualifying lease cases which can prevent or reverse the consequences of forfeiture where the court considers relief appropriate.

A commercial lease may contain a right of re-entry allowing the landlord to forfeit following specified breaches. The existence of a valid right to forfeit does not necessarily mean that forfeiture is irreversible.

Depending on the nature of the breach and the route taken, the tenant or another person with a relevant leasehold interest may be able to ask the court for relief. The court can impose conditions dealing with arrears, costs, compensation, remedy of the breach, undertakings or future compliance.

For relevant breaches falling within section 146 of the Law of Property Act 1925, section 146(2) expressly gives the court power to grant or refuse relief on such terms as it considers appropriate having regard to the proceedings, the parties' conduct and the surrounding circumstances.

Looking to recover the premises rather than research relief?

This page explains the remedy available after or around forfeiture. UK Bailiffs separately provides commercial lease forfeiture and peaceable re-entry services across England and Wales for suitable commercial premises.

Commercial forfeiture service →
Who should consider the issue?

Relief matters to more than the immediate tenant

A relief application can affect possession, re-letting, subleases, security and the future use of commercial premises.

The landlord therefore needs to understand the possibility of relief before treating a forfeited lease as entirely closed, particularly where litigation is threatened or an interested third party remains involved.

Before possession is recovered

Six checks before a commercial landlord forfeits

Relief is only one part of the risk. The landlord must first have a valid and unwaived right to forfeit and use an appropriate route. A defective forfeiture can create a different dispute entirely.

01 · Lease

Is there a right of re-entry?

Confirm that the lease contains a forfeiture or re-entry provision covering the relevant breach and that any contractual conditions or grace period have been satisfied.

02 · Breach

Has the right actually arisen?

Establish the arrears or other breach, the date on which the right arose, the evidence available and whether the breach is continuing or capable of remedy.

03 · Notice

Is Section 146 engaged?

For many breaches other than non-payment of rent, section 146 requires a compliant notice before the right of re-entry can be enforced.

04 · Waiver

Has the right been waived?

Demanding or accepting rent, or otherwise recognising the continuing lease after knowledge of a breach, can affect the right to forfeit. Obtain legal advice before taking inconsistent steps.

05 · Occupation

Is the property genuinely commercial?

Peaceable re-entry should not be treated as a residential possession mechanism. Mixed-use or apparently residential occupation requires careful legal review.

06 · Insolvency

Are enforcement restrictions in force?

Administration, liquidation, restructuring or another insolvency process can introduce statutory restrictions or require consent before enforcement proceeds.

Relief risk does not make forfeiture invalid. It means landlords should understand that even a valid forfeiture may later be considered by a court on an application for relief.
The breach determines the route

Rent arrears and other covenant breaches

Relief from forfeiture is not governed by one identical statutory route in every case. The nature of the breach and the method by which forfeiture is enforced matter.

Type of breach Before forfeiture Relief considerations
Non-payment of rent Section 146 is not generally the notice route for forfeiture based solely on non-payment of rent. The lease, amount due, grace period, waiver, occupation and insolvency position still require checking. Payment of arrears and costs is often central. Statutory routes include County Courts Act 1984 sections 138 and 139 and, in the High Court, Senior Courts Act 1981 section 38.
Remediable non-rent breach Section 146 generally requires a notice identifying the breach, requiring remedy where it is capable of remedy and requiring monetary compensation for the breach. The court can consider whether the breach has been remedied, compensation and costs have been paid, and whether terms or undertakings can protect the landlord.
Allegedly irremediable breach A section 146 notice may still be required. Whether a breach is legally incapable of remedy is a matter requiring proper legal analysis. The court can consider the nature of the breach, the conduct of the parties, prejudice, the purpose of the covenant and whether relief on conditions is appropriate.
Insolvency-related event The lease wording and applicable insolvency regime must be considered before enforcement. Moratoria, court permission, office-holder consent and creditor considerations may affect both forfeiture and subsequent relief.
Non-rent lease breaches

How Section 146 connects to relief from forfeiture

Section 146 of the Law of Property Act 1925 both restricts enforcement of forfeiture for relevant breaches and provides a statutory route through which the lessee can seek relief.

For a breach falling within section 146, the landlord cannot normally enforce the right of re-entry unless the required notice has been served and the statutory conditions have been satisfied.

Under section 146(2), where the landlord is proceeding to enforce the right of re-entry, the tenant may apply to the court for relief. The court may grant or refuse relief having regard to the proceedings, the conduct of the parties and all the other circumstances.

Timing and jurisdiction

Does a tenant always have six months to apply for relief?

No single statement about “six months” should be applied to every form of commercial lease forfeiture. There are specific statutory six-month routes in some non-payment-of-rent cases, but the applicable jurisdiction, breach and procedural history must be identified.

Identify the breach

Establish whether forfeiture concerns non-payment of rent or another covenant breach.

Identify the method

Determine whether possession was obtained through court proceedings or by peaceable re-entry.

Identify the jurisdiction

County Court statutory relief, High Court jurisdiction and relief under section 146 should not be treated as interchangeable.

Act immediately

A tenant considering relief should obtain specialist legal advice promptly rather than treating any long-stop period as permission to delay.

County-court non-payment cases: section 138(9A) of the County Courts Act 1984 allows an application within six months after possession is recovered following an order under section 138(3). Section 139(2) also provides a six-month application route where a landlord has re-entered without action for non-payment of rent. Those provisions should not be assumed to answer every other forfeiture situation.
Court discretion

What can matter on a relief application?

The precise legal test depends on the route, but relief is not simply an administrative reversal of forfeiture. The court considers the applicable legislation, the breach, what has happened since and the terms on which justice can be done between the parties.

Breach

Nature and seriousness

What covenant was broken, how serious the default was and whether the breach is continuing can all be material.

Remedy

What has been put right?

Payment of arrears, repair, compliance, compensation or other steps taken to remedy the default can be relevant.

Conduct

Behaviour of both parties

The court may consider the parties' conduct and whether relief can be made workable through conditions or undertakings.

Delay

How promptly was relief sought?

Delay can materially affect the position, especially where the landlord has incurred costs, altered the premises or committed to a third party.

Prejudice

What would restoration mean?

The consequences for the landlord, tenant and relevant third parties can become important when the court decides whether and on what terms relief is appropriate.

Terms

Can the landlord be protected?

Relief can be subject to conditions concerning payment, costs, compensation, undertakings, injunctions or future compliance.

After forfeiture

What should a landlord do if relief is threatened?

A landlord should preserve the evidence, obtain advice and avoid assuming either that relief is inevitable or that it is impossible.

  • Keep the signed lease, variations, rent account and relevant correspondence.
  • Preserve Section 146 notices and evidence of service where applicable.
  • Record the exact date and method by which possession was recovered.
  • Retain photographs, video, locksmith information, notices, meter readings and attendance reports.
  • Refer requests for reinstatement, keys or renewed access to the instructed legal adviser.
  • Take advice before reletting or making irreversible alterations where relief has been threatened or proceedings issued.
  • Quantify arrears, interest, repairs, security, enforcement and legal costs accurately.
Direct questions

Relief from forfeiture FAQs

Can a commercial tenant get its lease back after forfeiture?
Potentially. A tenant may be able to apply to the court for relief from forfeiture. The applicable route depends on the breach, how forfeiture occurred and the procedural history. Relief is not automatic.
Can relief be granted after peaceable re-entry?
Potentially, yes. Peaceable re-entry does not necessarily prevent a tenant from seeking relief. For non-payment of rent, County Courts Act 1984 section 139(2) expressly provides a county-court route following re-entry without action. Other cases require the applicable statutory or equitable jurisdiction to be identified.
Is a Section 146 notice required for rent arrears?
Section 146 is not generally the notice procedure for forfeiture based solely on non-payment of rent. If the landlord wants to recover qualifying commercial rent while keeping the lease in force, Commercial Rent Arrears Recovery (CRAR) may be the relevant alternative. The landlord must nevertheless establish the contractual right to forfeit and check grace periods, waiver, occupation and any applicable insolvency restrictions.
Does a tenant always have six months to apply for relief?
No single six-month rule governs every forfeiture. Specific statutory six-month provisions apply in particular non-payment-of-rent circumstances under sections 138 and 139 of the County Courts Act 1984. Other cases may engage different relief jurisdictions and should be dealt with promptly.
What happens if the tenant pays the arrears?
Payment can be highly relevant in a non-payment-of-rent relief case, but the legal effect depends on the procedural stage and applicable statutory route. The landlord and tenant should obtain advice before assuming that payment automatically resolves every issue.
Can an undertenant seek protection?
Potentially. Section 146(4) of the Law of Property Act 1925 gives the court powers concerning an undertenant, mortgagee or other qualifying person with an interest derived from the lease, subject to the statutory requirements and terms imposed by the court.
Does UK Bailiffs decide whether relief should be granted?
No. Relief is a matter for the court. UK Bailiffs can assess and carry out an authorised commercial forfeiture instruction and provide an evidential attendance record. Disputed legal issues should be referred to the client's solicitor.
Can a landlord immediately re-let after forfeiture?
The landlord should obtain legal advice where relief has been threatened or is realistically foreseeable. Re-letting or materially altering the premises can introduce additional issues and potential third-party prejudice.
Related commercial lease guidance

Relief from forfeiture sits within a wider commercial-landlord decision. These pages explain the connected routes before and after possession is recovered.

Commercial Lease Forfeiture Operational peaceable re-entry and possession where a valid right to forfeit has arisen. Section 146 Notice Guidance The statutory notice route commonly relevant to qualifying non-rent covenant breaches before forfeiture. CRAR vs Lease Forfeiture Compare rent recovery with recovering possession before deciding which remedy fits the objective. Commercial Rent Arrears Recovery Recover qualifying commercial rent while treating the lease as continuing.
Primary legal sources

Legislation and court procedure

The applicable route depends on the lease, the nature of the breach and the method through which possession was recovered.

Important: This page provides general information about commercial relief from forfeiture in England and Wales. It is not legal advice and does not determine whether a particular forfeiture is valid, whether relief is available or the deadline applying to an individual application.
CW
Operational review

Reviewed by Craig Whinray

Craig Whinray is Director of UK Bailiff Services Ltd and a Certificated Enforcement Agent with more than 20 years' frontline enforcement experience, including senior national enforcement operations.

This guide is informed by commercial enforcement practice and primary public legal sources. It does not replace legal advice where the validity of forfeiture, waiver, relief, insolvency or lease rights are disputed or uncertain.

Editorial owner: UK Bailiff Services Ltd · Last reviewed 3 October 2026 · Review following material legal change and at least annually.
From guidance to operation

Planning a commercial lease forfeiture?

This page explains relief from forfeiture. If you need UK Bailiffs to assess and carry out qualifying commercial lease forfeiture or peaceable re-entry, use the dedicated forfeiture service page.