How Do I Evict a Commercial Tenant?
As a landlord of commercial premises, there are many reasons why you may want to take back possession of your premises. Our experts in commercial property will be able to assist with the removal of your tenants.
The most common reasons for evicting a tenant is where they are in breach of their lease terms; such as, not paying rent, not keeping the premises in good repair, being a nuisance to other tenants or assigning or subletting the premises without your consent.
Free Initial Consultation
We understand that you’ll want to discuss your options and find out more about how we can help. We offer both appointments throughout the day and out of hours to accommodate our clients. We are happy to meet you at our offices across London, Essex or Kent. To find out more about free initial consultations, please call us on 020 3753 4667 or email
Claiming Possession
When a commercial tenant refuses to vacate a premises, it can be highly frustrating and costly situation especially if they have stopped paying rent. It is important to note that you should never attempt to physically to remove a tenant and their possessions from a property without a court order, as it’s against the law and could result in a criminal prosecution.
The reality is that tenants, even those who remain in a property after the expiry of a lease enjoy certain legal rights and it is vital that as a landlord, you take on the process of removing them correctly, in order to avoid any legal and financial complications.
Forfeiture
Taking back possession of your premises when occupied by a commercial tenant is called 'forfeiture'. However, you can only forfeit the lease if there is a specific clause in the lease enabling you to do so. If a tenant fails to pay the rent on a commercial premises or commits another serious breach of the lease covenants, this may lead to forfeiture, where the landlord has the right to re-enter the property and the lease agreement is automatically terminated.
Landlords should seek legal advice so that the consequences of any action they plan to take are fully understood as there may be other legalisation preventing you from taking certain measures.
Where you have the right to forfeit, this can be exercised in one of two ways:
- Peaceable re-entry
- Applying to court for possession
The option chosen often depends on the reason for the repossession.
Non-payment of rent
For non-payment of rent, you are not required to give any notice of your intention to forfeit and you can simply re-enter the premises, but you should note that there are various things you must adhere to when doing do.
Breach of other terms or the condition of the property
If any other breaches of the lease occur, then you must first serve a notice before you can take possession of the premises. The notice must be served by your solicitor on all interested parties.
There are additional rules that apply for notices relating to breaches of repair. In some cases, you may be obliged to offer the tenant the opportunity to claim statutory protection.
This all depends on what the lease agreement states, and you should seek expert legal advice before taking such actions.
The court procedure
The court procedure for forfeiture starts by making an application for possession in court. There are certain time frames to serve notice and it’s always advisable to take legal advice as mistakes can be costly and may delay your repossession.
Tenants' relief from forfeiture
Your tenant can apply to court for relief from forfeiture if certain conditions are met. The tenant does not have an automatic right as it’s a discretionary remedy available to the court, but if granted they may be able to continue to occupy the premises under their existing lease.
Conclusion
The option of forfeiture is not to be taken lightly as it can be a lengthy process. Other alternatives should be considered first and whether there would be any impact on other interested parties.
If you would like help and legal advice on evicting your commercial tenants, then contact our solicitors today.
Contact our Commercial Property Solicitors
The right solicitor changes everything. Anglo Law Solicitors provides expert legal advice on commercial property and leases.
Speak directly to a property solicitor now on 020 3753 4667 or complete our online contact form for your free consultation or email
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