How do you evict a commercial tenant?
Discover the steps to legally evict a commercial tenant, ensuring a smooth resolution of tenancy matters in commercial real estate
There are several reasons why a landlord would need to evict a commercial tenant, most commonly for rent arrears but other reasons might be breaches of contract, for example failing to carry out repairs, failing to observe safety obligations, subletting without permission etc.
The process will be determined by the terms of the lease and the law of forfeiture.
This is the legal process through which a landlord can terminate a commercial lease due to the tenant's breach of contractual terms.
The process typically involves serving a notice of forfeiture to the tenant. The notice must clearly state the breach and provide a reasonable period for the tenant to remedy the breach, if indeed this is possible.
If the tenant fails to remedy the breach within the given time frame, the landlord can proceed with the forfeiture.
Professional advice is required here but ‘peaceable re-entry’ of the premises could be used in some circumstances – secure the premises by changing the locks and a notice affixed to the premises confirming the forfeiture.
Great care is required when using this method, and a court eviction order is probably a safer route to take.
Contact Landlord Action’s team of solicitors and legal advisers on 0371 454 2658 or visit the website for more information.
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