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Commercial Leases

Letting them back in

A v G Ltd, Chancery Division, 4 November 2004 (unreported)

A cautionary tale for practitioners is learned from Lindsay J in A v G Ltd, Chancery Division, 4 November 2004 (unreported as far as we know). When a landlord forfeits a lease for breach by way of peaceable re-entry, it is (almost) inevitable that a tenant’s property and belongings will be in the premises. A landlord usually has a duty to take reasonable care of them. Often the (former) tenant will ask for access to the premises to recover his goods. The landlord and his advisers will have to consider how to manage this process and supervise access. There may be a real possibility that the (former) tenant having got back in will refuse to leave.

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