Deciding to evict a tenant from your commercial premises isn’t an option that should be taken lightly. However, where the tenant is constantly failing to pay their rent or breaching their lease you may want to forfeit a commercial lease.
Can I evict a commercial tenant?
When you have a tenant in a commercial premise that isn’t keeping to the terms of their lease you can go down the forfeit approach. Where there is a forfeiture clause in the lease, as a landlord you have the option to bring the tenancy to an end.
If you are unsure if there is the appropriate clause we can have a look at the lease for you. This can be implemented if the tenant breaches parts of the lease, such as for unpaid commercial rent.
How can I forfeit a commercial lease?
The process for a commercial lease forfeit is relatively quick and simple. There’s no need to go to court to obtain a possession order, as long as the tenancy includes the appropriate clause. We don’t have to give the tenant any notice in order to make peaceful entry into the property.
At The Bailiff Company we can carry out a commercial lease forfeit by gaining peaceable re-entry into the property for you. Our certificated bailiff will attend at the property with a locksmith. They will change the locks, post notices to inform the tenant that the lease has been terminated and secure the premises for you. This will generally take place outside of the normal business hours to prevent any altercations or breach of the peace.
Can I allow the tenant back into the premises?
Once you undertake a commercial lease forfeit the tenancy comes to an end. In some cases, if you are carrying this out for unpaid commercial rent, it might push the tenant to pay their arrears. If you’re both in agreement, they can re-enter the property, pay the unpaid rent and take on a new lease.
Is a commercial lease forfeit always successful?
The vast majority of times, a landlord will regain possession of the premises after a lease forfeit takes place. However, there are certain circumstances where this may not happen.
For instance, a tenant can go through the courts to apply for relief from forfeiture. Where they are successful in gaining this, the court may ask for the lease to be reinstated or for certain action to take place, such as payment of rent arrears.
Instruct The Bailiff Company for a commercial lease forfeit
If you need to forfeit a commercial lease we can act quickly and have certificated bailiffs across the country. You can find out more about our commercial rent services here or contact us to speak to one of the team.