Commercial Tenant Regains Access After Urgent High Court Injunction

Ian Coupland and Paige Evans secured urgent interim injunctive relief in the High Court for a commercial tenant following a disputed purported forfeiture of its lease.

The urgent hearing took place in the Business and Property Courts. The landlord, a UK resident who was temporarily in the UAE, attended remotely. He was not permitted to give oral evidence, but the Court considered his written evidence before making an order restoring our client’s access to its premises.

What was the injunction for?

Our client had been excluded from its business premises after the landlord purported to forfeit the commercial lease for rent arrears. The immediate objective was to restore access so that the client could return to occupation and protect its business operations while the underlying dispute is resolved.

The client accepted that arrears had existed. However, the application raised important questions about whether the landlord’s later rent demands were inconsistent with treating the lease as at an end and therefore amounted to a waiver of the right to forfeit. There was also an issue as to whether re-entry was premature in relation to the most recent rent instalment.

What did the Court decide?

The Court found that our client had a sufficiently arguable case on waiver. It also concluded that damages would not be an adequate remedy at this interim stage and that the balance of convenience favoured restoring access. The landlord was ordered to allow our client back into occupation forthwith. 

What happens next?

The order is an important interim result, but it does not finally determine the underlying dispute. The proceedings have been transferred to the County Court, where the substantive issues will be considered.

The order also preserves the landlord’s ability to rely on any right to forfeit that may arise from a future breach. This underlines the need for strict compliance with the tenant’s ongoing obligations under the lease.

Why this matters?

Commercial forfeiture is a technical area of property law. A landlord’s communications and conduct after a right to forfeit arises can be decisive, particularly where subsequent demands for rent may recognise that the lease remains in force.

Where a business has been excluded from commercial premises, urgent and focused action may be needed to protect occupation, trading and goodwill.

Acting quickly can be critical

Forfeiture can have immediate and serious consequences for a commercial tenant. Exclusion from premises may disrupt trading, affect staff, interrupt access to business records, stock or equipment, and create reputational risk.

Equally, landlords should take care before exercising a right of re-entry. Whether a right to forfeit has been waived can depend on the timing and effect of subsequent communications, including demands for rent. Each case turns on its facts, the lease terms and the parties’ conduct.

Where a dispute threatens a business’s occupation of commercial premises, prompt legal advice is important. Urgent court relief may be available, but the party seeking it will need to act quickly and support the application with clear evidence.

Locked out of your commercial premises?

If your business has been excluded from its premises, or you are a landlord considering re-entry, speak to our litigation team promptly. We can assess the lease, the parties’ conduct and the options available to protect your position.

This article is provided for general information only and does not constitute legal advice. You should not act or refrain from acting based on its contents without seeking advice tailored to your specific circumstances.