Forfeiture of Commercial Leases: Section 146 Notices and Peaceable Re-entry

In this episode of Business Law and More, Reena is joined by landlord and tenant specialist Urnisha Lakhani for an in-depth discussion on the forfeiture of commercial leases. They explore what forfeiture means for landlords, the legal options available when a tenant breaches lease terms, and when peaceable re-entry or a Section 146 notice may apply.

Listeners will gain a clear understanding of the practical and legal consequences of forfeiture, including how landlords must approach breaches such as rent arrears, disrepair, or unlawful subletting. The discussion also covers key distinctions between remediable and irremediable breaches, the implications of mixed-use properties, and how timing can affect a landlord’s rights.

Reena and Urnisha also examine the risks and costs of wrongful forfeiture, share real-world case examples, and offer practical advice for landlords considering enforcement. 

Please note that the content shared in this podcast is for general informational purposes only and does not constitute legal advice. The law is constantly evolving, and the specifics of each case vary. Therefore, listeners should seek independent legal advice before acting on any information presented in this podcast. Carter Bond Limited trading as Carter Bond Solicitors accepts no liability for any actions taken based on the content of this podcast.

The views and opinions expressed in this podcast are those of the speakers and do not necessarily reflect the views or positions of Carter Bond Limited trading as Carter Bond Solicitors. Information provided in this podcast is for informational purposes only and should not be considered a substitute for advice.

Thank you for listening to "Carter Bond Solicitors | Business, Law and More." For personalised legal advice, please speak to a qualified legal professional.

Chapters

• 0:00 Introduction
• 0:57 What is forfeiture and when can a landlord use it?
• 2:02 Peaceable re-entry explained
• 2:38 Alternatives to forfeiture: CRAR, guarantees, rent deposits
• 5:30 Waiving the right to forfeit
• 8:23 Section 146 notices: when and how to serve
• 11:33 Mixed-use properties: Restrictions on peaceable re-entry
• 13:47 Tenant relief from forfeiture and the court process
• 16:26 Remediable vs. irremediable breaches
• 16:48 Alienation and breach of lease terms
• 20:16 Costs of forfeiture and potential criminal risks
• 23:12 Real-life case: wrongful forfeiture and injunction
• 28:36 Risks of re-letting during forfeiture disputes
• 32:31 Final advice for landlords considering forfeiture