We will take a look at your UK Forfeiture of Commercial Lease Agreement and guide you on your next step. This is a FREE service without obligation – we just want you to be able to get an answer to what to do next
If you’re a landlord who’s not happy with his tenant, you have all rights to bring the lease agreement to an end. The “forfeiture of lease” clause allows you to forfeit the lease if the tenant has breached the terms of the lease, most commonly non-payment of rent. Depending upon the nature of the breach can re-take possession of the property immediately by ‘peaceably re-entering’ or following a period of notice. Once the lease has been forfeited, the tenant’s and any subtenants’ right to use the property comes to an end. Forfeiture is a powerful tool in the hands of the landlord and works a great deal in the protection of their rights.
Use our FREE review service to work out your best enforcement option. Just complete our simple form and upload a copy of your commercial lease showing the express provision allowing breach and a copy of your Section 146 Notice and one of our trained Business Solutions Advisors will help you get back on track with your situation.
If the breach is due to non-payment of the rent, as a landlord you should make a formal demand that your tenant pays the rent. If the tenant does not comply within the time frame, you have the authority to re-enter the property and forfeit the lease.
As a commercial landlord you can use one of two forfeiture methods:
Peaceable re-entry | When a landlord enters a property and changes the locks, this is known as a lockout.
Forfeiture by Court Proceedings | A landlord can also forfeit the lease by commencing court proceedings to obtain possession.
As per the circumstance you can consider which course of action is best suited. If a tenant has vacated the property and left behind unpaid rent and charges, a peaceful re-entry may be the most effective option to reclaim control. However, if you have any doubts about the tenant’s legal ability to contest the action, it may be safer to take legal action.
The lease gives you an express right to forfeit. A right to forfeit can be implied into a lease in certain circumstances, but most leases will include a specific forfeiture clause. This clause typically gives you the right to forfeit after a period of time typically 14 or 21 days in which the tenant has been in breach.
As a landlord, you can only use the forfeiture clause in case of non-payment of rent. But first, you need to serve the Section 146 notice to your tenant. This lays out the lease’s breaches and gives the tenant a reasonable amount of time to correct them. Even after serving the Section 146 notice, if you don’t see any payments coming through, you can start with the forfeiture process.
Use Shergroup’s expert enforcement team if you need to forfeit your tenant’s commercial lease because of a breach of lease terms. Our enforcement agents as seen on “Call the Bailiffs” Tv Show are drawn from a national panel and we cover all 105 postcodes across England and Wales. Shergroup helps landlords with a wide range of commercial property issues, and we are well-positioned to advise you on the best line of action to pursue, no matter what your circumstances are. So, instruct us today and we’ll help you to forfeit your commercial lease and enforce the judgment to recover what is rightfully yours. Use our online channels to contact us about any query you have. We are here to help you get your situation resolved.
Phone | 020 3588 4240 | Email | [email protected]
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Last updated | 19 July 2023
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