Commercial Possession

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. 

Key Contacts

Alex Cook
Solicitor
0345 314 2044
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Sam Packwood
Solicitor
0345 314 2044
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Related Expertise

Property Disputes
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Commercial Possession
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Relief From Forfeiture
Learn More
Using A Bailiff
Learn More
Service Charge Disputes
Learn More
Breach Of Covenant
Learn More
Dilapidations Disputes
Learn More
Sales and Ownership Disputes
Learn More

Book A Call Back

People frequently tell us that we’re approachable and offer great advice.

They also tell us most solicitors are hard to get hold of whereas we’re happy to listen. The reason for this is that we value long term relationships and we’re happy to speak with business people, to invest our time in understanding your business and whatever your concerns are. Only at that point can we understand whether we’re the right people to help you.