Forfeiture & possession of commercial premises
We advise commercial landlords on enforcing lease rights where tenants are in breach. Whether dealing with rent arrears, unlawful occupation, or wider covenant breaches, we help you recover control of your premises lawfully and efficiently.
Get Started →
How we help commercial tenants apply for relief from forfeiture
We advise commercial tenants where a lease has been forfeited or is at risk of forfeiture, focusing on urgent, practical steps to restore the lease where possible and protect ongoing business operations.
- Urgent assessment following forfeiture or lockout
- Relief from forfeiture applications to restore the lease
- Addressing arrears and remedying lease breaches
- Negotiation with landlords to regain or preserve occupation
Relief from forfeiture is a discretionary remedy which may allow a commercial tenant to recover a lease after forfeiture. Whether relief is granted will depend on the timing of the application, the nature of the breach, and whether the tenant can put matters right.
In most cases, this involves dealing with rent arrears, interest, and costs, as well as complying with lease obligations. Acting quickly is often critical, particularly where the landlord has already taken possession or changed the locks.
We assess your position early, advise on the prospects of relief, and take controlled steps to restore your lease and protect your trading position wherever possible.
View our Commercial Tenant services.
How we help you apply for relief from forfeiture
Where a lease has been forfeited or is at risk, the priority is fast, controlled action. We focus on early assessment, clear strategy, and the practical steps needed to restore your position and protect your business.
Immediate assessment of eligibility for relief
We review your lease, the breach, and the landlord’s actions to determine whether relief from forfeiture is available and what must be addressed urgently.
Addressing arrears and remedying breaches
We identify what needs to be put right, including rent arrears, costs, and compliance issues, to support a successful application for relief.
Application or negotiation to restore the lease
We pursue relief through the court or engage with the landlord directly to restore occupation or agree workable commercial terms.
Key issues in relief from forfeiture
Relief from forfeiture is not automatic. The outcome will depend on timing, the nature of the breach, and whether the position can realistically be put right. Understanding these factors early is critical.
What relief from forfeiture means
Relief from forfeiture allows the court to restore a commercial lease after forfeiture, effectively placing the tenant back into occupation as if the forfeiture had not taken place.
Importance of acting quickly
Delay can seriously damage an application. The court will expect prompt action, particularly where the tenant has been locked out or proceedings have already been started.
Arrears and remedying breaches
In most cases, the tenant will need to clear rent arrears, interest and costs, and remedy any breach of covenant. The willingness and ability to do so is central to the outcome.
How the court exercises discretion
The court considers the conduct of both parties, the seriousness of the breach, and whether it is just to grant relief in the circumstances. Each case turns on its facts.
In many cases, early engagement and a clear plan to remedy the breach can significantly improve the prospects of relief. Delay, uncertainty, or failure to address key issues will usually weaken the position.
Practical reality: relief is often available, but only where the tenant acts quickly and is prepared to put matters right. Early advice can materially improve the outcome.
Whatever your situation, our solicitors can provide clear, confidential guidance tailored to you.
Whatever your situation, our solicitors can provide clear, confidential guidance tailored to you.
Relief from Forfeiture FAQs
Answers to common questions from commercial tenants facing forfeiture, lockout, rent arrears, and threats to occupation.
What should I do if my landlord is threatening forfeiture?
You should take advice quickly. Forfeiture can put your occupation, trading position, and leverage at risk, and delay can reduce your options. The right response will depend on the lease, the alleged breach, whether rent arrears are involved, and whether any notice or enforcement step has already been taken.
Can I get my lease back after being locked out?
In some cases, yes. A commercial tenant may be able to apply for relief from forfeiture and ask the court to restore the lease. Whether that is possible will depend on timing, the reason for forfeiture, and whether the breach can be remedied.
How quickly do I need to act?
You should act as soon as possible. Delay can seriously weaken your position, particularly where the landlord has already changed the locks or taken formal possession steps. Early advice helps preserve options and improves the prospects of restoring the lease.
Do I have to pay all arrears before I can apply?
Not always before the application itself, but arrears, interest, costs, and compliance with lease obligations are often central to whether relief is granted. The court will usually want to see that the tenant is willing and able to put matters right.
Can relief apply to breaches other than rent arrears?
Yes. Relief may be available for other breaches of covenant, depending on the facts and whether the breach can be remedied. The lease terms, the landlord’s actions, and the nature of the breach will all matter.
What if my business is still trading from the premises?
That can make urgent action even more important. Where access, stock, equipment, or customer operations are affected, it is critical to assess the position quickly and take steps to protect occupation and reduce disruption.
Fast, clear advice when your lease is at risk
If forfeiture has been threatened or action has already been taken, early advice is critical. We review your lease, assess the breach and timing, and explain your options clearly so you can act quickly and protect your position.
Immediate assessment
We review the lease, the alleged breach, and what the landlord has done to establish whether forfeiture is valid and what options remain.
Clear next steps
You are given a straightforward explanation of your position, including whether urgent action is required and what should happen next.
Practical action
We take controlled steps to protect your occupation, whether through negotiation, compliance, or a relief from forfeiture application.
Ongoing support
If you instruct us, you deal directly with a solicitor who manages timing, communication, and strategy throughout.
There is no obligation. Making an enquiry allows you to understand your position early and avoid unnecessary risk.
Latest News & Useful Information
Learn how to challenge unfair deductions from your tenancy deposit, what evidence can help your case, and when a landlord may be acting unreasonably.
If your landlord protected your deposit but failed to give you the required prescribed information, you may still be able to bring a tenancy deposit claim.
A landlord can sometimes protect a deposit late, but late protection may still leave them exposed to a compensation claim and affect their ability to serve notice.