Commercial Property Eviction Solicitors
If you need help with commercial property eviction, you’ve come to the right place. At The Law House, we have the knowledge and expertise required to help landlords evict problem tenants. Whether you wish to remove the tenants of a commercial property for failing to keep your premises in a good state of repair, not paying their rent, being a nuisance to neighbours or for another reason, you can rely on our specialists.
The process of taking back possession of your commercial premises when they’re occupied by a tenant is referred to as ‘forfeiture’. This term simply means ending a tenancy before the lease expires.
As a landlord, you can forfeit the lease if your tenant has broken a condition of this contract, as long as there’s a specific clause in the lease that enables you to do this. There are two ways for a lease to be forfeited. This can be done through peaceable re-entry or through court proceedings.
Peaceable re-entry involves you entering into your commercial premises and changing the locks. The vast majority of commercial leases contain a clause entitling landlords to enter their buildings, retake possession and change the locks if tenants fall into rent arrears.
It’s important to be aware that you’re not permitted to force your way into a premises in order to do this. Such behaviour will be treated as a criminal office. The majority of peaceable re-entries occur outside of working hours in order to ensure that no one is in the building at the time.
Ideally, this approach should only be used in situations where the tenant has been absent from the property for a period of time and has failed to pay rent or other bills.
As long as it’s done in accordance with the law, peaceable re-entry can be a quick and effective way to evict a tenant and to minimise your losses.
The other route to achieve a commercial eviction is to instigate court proceedings against a tenant. You can do this by serving a special notice that sets out the nature of the breach of the lease. The relevant claim forms must be served on the tenant. If the court grants a possession order, your tenant will have 28 days to leave the premises.
Because court proceedings relating to tenant evictions can be complex, it’s always recommended to seek legal advice before taking this action.
Tenants’ relief from forfeiture
You should note that, if certain conditions are met, your tenant can apply to court for relief from forfeiture. This applies whether you’ve started court proceedings or performed a peaceable re-entry. If the tenant acted quickly to remedy the problem that led to the forfeiture, relief is often granted.
How we can help
Commercial property eviction shouldn’t be undertaken lightly and it’s important that you consider the alternatives before you go ahead with this process. The team at The Law House will advise you on your options when it comes to claiming back your property and help you to make the right decisions for your organisation. If you decide to go ahead, they will guide you through the process, providing information and support at every stage.
In addition to evictions, we can also provide advice and representation on any area of commercial property law. Our solicitors are experts in all aspects of litigation and conveyancing services.
If you would like to find out more about our commercial property services, don’t hesitate to contact us. You can reach us by phone, online form or email, and you can contact us via Twitter, Facebook and LinkedIn.