Commercial Landlord

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*We do not offer legal aid.

Are you seeking to evict a commercial tenant in the UK?

Are you a landlord of a commercial property? You may find yourself in a situation which requires you to take possession of your premises. The most common reason commercial landlords find themselves in this position is that a tenant has breached the terms of the lease. This includes not paying rent and/or failing to keep the premises in good repair.

Or have you unintentionally failed to comply with the landlord’s obligations by not carrying out safety checks and repairs or keeping the premises in a good state of repair?

Although it is preferable to try and reach an agreement to avoid eviction, when all other options have failed, it is important that you as a commercial landlord take the necessary action promptly to enable you to reclaim your property or comply with obligations.

 

Claiming back possession of your commercial property

Most commercial leases will contain a forfeiture clause, which gives the commercial landlord two options to take back control of commercial premises from a tenant who is in breach of a lease covenant.

The two options available to commercial landlords are peaceable re- entry or a court possession order.

Forfeiture by peaceable re-entry

The first and most preferable option to regain control of commercial premises is peaceable re-entry. Peaceable re-entry is the simplest way of formally ending the lease and taking back possession of the commercial premises.

This option may not be exercised if someone in the property opposes re-entry. Commercial landlords must not enter in this situation as it is a criminal offence to re-enter if someone is on the premises and may only be exercised against an empty unit.

This option needs to be carefully considered, as your tenant may apply to the court for a ‘relief from forfeiture.’

Court Possession Order

If your commercial tenant fails to rectify the breach within a reasonable time, you may want to consider commencing proceedings in the County Court for an order for possession.

It is imperative that you choose experienced solicitors who are experienced in dealing with forfeiture cases. This will save time and avoid unnecessary costs.

At Kayson Solicitors, our expert commercial lease and property solicitors provide an efficient and comprehensive service for landlords and tenants faced with a commercial lease forfeiture or possession situation.