Taking possession of commercial premises can be as simple as sending in a bailiff to change the locks and forfeit the lease. However, you must be absolutely sure that you are entitled to repossess and that there is not a residential part of the premises. You must also ensure that the bailiff follows the correct procedure. Getting these things wrong can result in an expensive reversal.
Also before taking possession and forfeiting the lease one needs to consider if that is the best option – sometimes it is better not to forfeit. There may be a guarantor and you will need to serve notice under Section 17 Landlord and Tenant (Covenants) Act 1995.
We will analyse your particular problem and advise on the best course of action.
Coronavirus related legislation has led to a moratorium on forfeiture and has delayed the ability of commercial landlords to regain possession. We act for commercial landlords across the country in mitigating the impact of defaulting tenants, including the use of other methods to improve your/their position. This is a rapidly changing area of law with the legal position subject to change without notice. To protect against tenant claims and later disputes, or court injunctions and/or applications for relief from forfeiture, it is extremely important to ensure that all processes are correctly followed. We’re happy to help.
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