Commercial Tenant Eviction
Commercial Tenant Eviction
There are normally many factors which commercial landlords need to take into consideration before taking back possession of the property. As with residential tenancies, the most common reason why landlords want to take back possession of their property is for breach of tenancy conditions such as, not paying rent, not keeping the premises in good repair, being a nuisance or assigning or underletting the premises without the landlord’s consent.
Where the landlord has the right to forfeit, there primarily two ways in doing this:
- Peaceable re-entry – this involves the landlord effectively entering the premises with bailiffs and changing the locks. The tenant has the option to apply to court for ‘relief from forfeiture’, where the tenant makes an application to the court to take back possession of the property and claim compensation for the losses incurred as a result of wrongful eviction; or
- Applying to Court for possession – This is normally the safer route, although, inevitably with court proceedings, this can be costly and time consuming, this option should be considered as a last resort.
The route landlord chose often depends on the reason for possession so where there are rental arrears due, peaceably re-entry is more frequently used. Where there is an issue of nuisance or breach of repair condition, then court proceedings are more common.
We assist or commercial landlord clients through the whole process. Once we are instructed, a consultation is taken so that we may review your lease, discuss what the breach of the lease is and what evidence is available to establish the breach, our in-house legal team will then take appropriate action and ensure that your instructions are followed as soon as possible.
We are able to provide a fixed fee service, however, as each case is different, we would need to know the details of your case first before informing you of our charges. As always, our initial consultation is free.
