Get Back Possession
How you get possession of commercial premises will depend largely upon the circumstances.
Forfeit During The Term – Rent Arrears
If the tenant is in arrears of rent you may be entitled to forfeit the lease by “peaceable re-entry” which is a cheap and easy way to terminate the lease.
For more information see my post about evicting commercial tenants via peaceble re-entry here.
Forfeit During The Term – Other Breaches
If your tenant has breached any other terms of the lease you can serve it with a section 146 notice under the Law of Property Act 1925. If the tenant does not remedy the breach within a “reasonable time” you can then apply to court to forfeit the lease and remove the tenant.
Serve A Break Notice
Some commercial leases give landlords the opportunity to serve a notice during the term to bring it to an end early. They can be quite technical, and you usually only get one chance to do this, so making sure that it is validly drafted and validly served is vital. You should always have your solicitor do this for you.
Hostile Section 25 Notice – To Redevelop
If your tenant has the protection of Part II of the Landlord and tenant Act 1954 it is entitled to a new lease on expiry of it’s existing lease, or simply to remain in occupation and carry on its business. In those circumstances, to get the tenant out, you will need to serve a “hostile notice” under section 25 of the Act specifying one of three grounds (the most common by far is the ground that the landlord intends to redevelop the property). If you can prove the intention to redevelop the tenant will have to go.
At The End Of The Term – EVICTION
If the lease is not protected by Part II of the Landlord and Tenant Act 1954 your tenant will have to leave on contractual expiry (or if you have used one of the methods mentioned above to terminate the lease your tenant will have to leave on the date that you have specified). If it doesn’t it will be trespassing and you will be entitled to make a quick application to court for a possession order. Getting the order to evict the tenant should be straightforward, and if it still doesn’t leave we can get a court appointed officer to physically evict it and secure the premises for you.
Make a Free Enquiry
If you’d like to discuss a property related dispute you can call me now on 020 7842 1452 . Alternatively, email me at: ian@propertydisputes.co.uk or complete a Free Online Enquiry and I’ll get in touch as soon as I can for a chat about your legal rights and options. There’s no cost or obligation.