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Using a Bailiff

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Possession

Commercial property has fewer protections for the tenant against possession by the landlord when the rent is in arrears. This means that in some cases it is permissible and desirable for the landlord to gain possession and forfeit the lease without the need for a court order. As always great care must be taken in making sure that you are correct about the rent arrears and that you follow the correct procedures. Before instructing a bailiff you should check the rent statement carefully. You should make sure that rent has been demanded in accordance with the lease and legislation and that you have not waived your right to forfeit. If you forfeit incorrectly you may be subject to a claim for relief from forfeiture and liable for the tenant’s legal costs. The tenant may claim relief from forfeiture even if the landlord has done nothing wrong and the court may grant that relief on the condition that the tenant pays the arrears plus the landlord’s legal costs.

Seizing The Tenants Goods To Pay The Rent Arrears

A landlord may not wish to forfeit the lease and instead they may want to ask a bailiff to enter the premises and take and sell goods to satisfy the rent arrears. Again care must be taken and special rules followed. Landlords should also be aware that exercising this right will waive the right to forfeit for that rent arrears.

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"This is a fantastic little firm who go and beyond to support you. I was successful in a previous litigation. The tenacity and effort was tremendous from everyone there. There's an enormous amount of business acumen. On previous advice, a pragmatic approach taken, I was so grateful that it led me to apply my own commonsense in doing the right thing, even if it was to not take up further dispute. Really smart people and outstanding service!!!"
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I dealt with Fiona on a HMO issue and dispute i was having with a tenant. Many other companies had said they were too busy or couldn't have been less interested. I then came across Fiona who was unbelievably helpful from the get go and gave such useful advice. Within an hour of my enquiry she had got in touch. She followed up immediately with an email following our call. 5* service. I will definitely be using her services again in the future.
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Excellent service in dealing with landlords section 21 order's.. put my mind at ease very professional I would highly recommend using this Law Firm they know what they are doing and act very promptly.
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Laura at Helix Law has been so incredibly helpful with an enquiry I had. She has so much knowledge and explains things in detail, however in a way I could easily understand. I would highly recommend to anyone. Thanks Laura.
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Bianca O'Donnell and Alex Cook recently provided me with professional legal property advice. There were significant financial repercussions had it gone wrong. Their 'Stay Calm' approach and methodical dissection of key issues was most impressive. They dealt quickly and efficiently to the last minute, providing clear advice on a potential breach of contract. Helix Law and legal advice go hand-in-hand. Helix Law have previously provided advice in various business matters over the years. They are an invaluable resource. Thank you Bianca and Alex!
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Alex Cook
Solicitor
0345 314 2044
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Laura Albon
Solicitor
0345 314 2044
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Related Experience

Property Disputes
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Commercial Possession
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Relief From Forfeiture
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Using A Bailiff
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Service Charge Disputes
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Breach Of Covenant
Learn More
Dilapidations Disputes
Learn More
Sales and Ownership Disputes
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Outstanding Reviews from Real Business People

"This is a fantastic little firm who go and beyond to support you. I was successful in a previous litigation. The tenacity and effort was tremendous from everyone there. There's an enormous amount of business acumen. On previous advice, a pragmatic approach taken, I was so grateful that it led me to apply my own commonsense in doing the right thing, even if it was to not take up further dispute. Really smart people and outstanding service!!!"
Google Review
I dealt with Fiona on a HMO issue and dispute i was having with a tenant. Many other companies had said they were too busy or couldn't have been less interested. I then came across Fiona who was unbelievably helpful from the get go and gave such useful advice. Within an hour of my enquiry she had got in touch. She followed up immediately with an email following our call. 5* service. I will definitely be using her services again in the future.
Google Review
Excellent service in dealing with landlords section 21 order's.. put my mind at ease very professional I would highly recommend using this Law Firm they know what they are doing and act very promptly.
Google Review
Laura at Helix Law has been so incredibly helpful with an enquiry I had. She has so much knowledge and explains things in detail, however in a way I could easily understand. I would highly recommend to anyone. Thanks Laura.
Google Review
Bianca O'Donnell and Alex Cook recently provided me with professional legal property advice. There were significant financial repercussions had it gone wrong. Their 'Stay Calm' approach and methodical dissection of key issues was most impressive. They dealt quickly and efficiently to the last minute, providing clear advice on a potential breach of contract. Helix Law and legal advice go hand-in-hand. Helix Law have previously provided advice in various business matters over the years. They are an invaluable resource. Thank you Bianca and Alex!
Google Review

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