Commercial Lease Forfeiture Landlords



Forfeiture is when a landlord ends the lease due to the tenant breaching the terms of that lease by being in arrears with rent or by other significant breach.


We find the majority of today's commercial property leases will give the landlord the power to terminate the lease if the tenant fails to keep to the agreed terms of the lease but a commercial lease generally cannot be forfeited by any other breach of the lease except non-payment of the agreed rent. We would always advice to get legal advice before Forfeiting the Commercial Lease


Forfeiture of Lease requires Peaceful Repossession to take back your Commercial Premises.

Common Law – Forfeiture of Lease


Common Law can be used in most Commercial Lease situations as log as its within your lease agreement for the peaceful repossession of the property this can also be done without the extra cost of going to the County Court.


Common Law can be used in most Commercial Lease situations as log as its within your lease agreement for the peaceful repossession of the property this can also be done without the extra cost of going to the County Court.


The most common forfeiture circumstances we come across for our existing Client Landlord base is due to non-payment of rent. If a different breach of lease has occurred then we would advise that the tenant should be served with a formal notice which should state exactly what that breach is and must give the tenant a set period of time to rectify the breach.


By doing this you may find the tenant rectifies the breach and if the tenant complies with the notice within the set time period you have set then the landlord’s right of forfeiture no longer stands but if the tenant continues to commit a breach of the lease the landlord can then pursue forfeiture of the lease through the County Court.



Re-entry of property:


There are certain requirements that the Landlord must satisfy before you can forfeit the commercial lease and consider retaking possession.


1. You must take appropriate procedural steps (i.e. Notice)


2. You must not waive the right to forfeit


3. Your right to forfeit the lease is not automatic and only exists if there is an express clause in the lease that states such a right exists and the breach should be a fundamental breach such as not paying rent or other form of very serious breach.


Our Process:

1. Call our office to discuss your issue on 01615070626 or email crar@courtenforcementspecialists.co.uk

2. Complete Forfeiture Authority to Act form. (Once completed you will be contacted by an eviction specialist)

3. Our Enforcement Agents will attend to Forfeit the Lease including taking inventory of goods supported by photographic evidence.

In some occasions you may be required to obtain a Order of Possession from the County Court where Common law can not be used, once the Order of Possession is in place we can transfer to the High Court via our preferred High Court Enforcement Officer.

We aim to be on site at the first peaceful opportunity when the business is not trading to prevent as little disruption as possible.

We also provide a clean up and security service.


You can read more about Court Enforcement Specialists by clicking the links below…


www.courtenforcementspecialts.co.uk

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