Peaceable re-entry of mixed use premises

06 Sep 2012

A landlord of a commercial property is entitled to forfeit the lease by peacefully re-entering the property.

However, if any part of the property includes a residential dwelling, for example, a public house with a flat above, then the tenant in occupation of those premises will benefit from Section 2 of the Protection from Eviction Act 1977.

This confirms that a landlord is not entitled to re-enter a property whilst a tenant is lawfully residing in those premises without obtaining a possession Order from the courts.