The most common reason for commercial eviction in Essex is for non-payment of rent. It is usual that the lease terms contain a specific clause allowing peace re-entry if the rent is not paid, and provided this is the case there is a right to terminate the tenancy agreement early – this is known as ‘ lease forfeiture’ .
At Essex Bailiffs we are specialists lease forfeiture and can regain commercial premises on your behalf with no fuss, and as soon as possible. In addition to this, by using a well-established but little known legal precedent we are often able to secure fixtures and fittings, which may give the landlord, the potential to make profit by ending the lease.
How the process works
On the receipt of written instructions Essex Bailiffs will attend your property alongside a locksmith and gain peaceful entry to the premises, from this moment, the landlord is back in control of the property.
Once inside our agents will ensure the locks are changed, carry out an inventory and check the premises thoroughly to confirm it is secure. The required notices will be displayed warning others of the consequences of any unauthorised entry and details of how goods which remain at the premises can be collected. If needed, supervised access to remove these items can be arranged, as it is a legal requirement that the ex-tenant have an opportunity to collect their goods from the property.
Agents conduct the repossession within 24 hours of instruction
Verbal confirmation of success
Inventory Completed
Replacement locks/padlocks installed by professional
Notice of Forfeiture and Torts clearly displayed
Keys supplied to the nominated contact
Written report supplied as required
Frequently Asked Questions
1 What is lease forfeiture?
Lease forfeiture is the legal process by which a landlord terminates a commercial lease due to the tenant’s breach of lease terms, such as non-payment of rent or other contractual obligations.
2 When can a landlord forfeit a lease?
A landlord can forfeit a lease when the tenant has breached the lease terms. The most common reason is non-payment of rent, but it can also apply to other breaches like unauthorized alterations or illegal activities on the premises.
3 How does the lease forfeiture process work?
The process begins with identifying the breach. For non-payment of rent, forfeiture can be immediate (if specified in the lease). For other breaches, the landlord must serve a Section 146 Notice giving the tenant an opportunity to remedy the breach.
4 What is a Section 146 Notice?
A Section 146 Notice is a legal document served under the Law of Property Act 1925. It informs the tenant of the breach, gives them a chance to remedy it, and warns of the landlord’s intention to forfeit the lease if the breach is not resolved.
5 Can a landlord forfeit a lease without going to court?
Yes, for non-payment of rent, a landlord can use peaceable re-entry to regain possession of the property without court proceedings. However, this must be done without violence or breaching the peace.
6 What is peaceable re-entry?
Peaceable re-entry involves a landlord or their agent re-entering the property, usually by changing the locks, when the tenant is not present. This method is only lawful for commercial properties and must comply with legal guidelines.
7 Are there any restrictions on lease forfeiture?
Yes, lease forfeiture may be restricted by:
- Moratoriums: Temporary government measures, such as those introduced during COVID-19, to protect tenants.
- Waiver of breach: If the landlord accepts rent or acts in a way that acknowledges the lease after the breach, they may lose the right to forfeit.
8 What happens to the tenant’s belongings after forfeiture?
The landlord must securely store the tenant’s belongings and notify them. If the tenant does not reclaim the items within a reasonable time, the landlord may sell or dispose of them according to the law.
9 Can tenants challenge lease forfeiture?
Yes, tenants can apply to the court for relief from forfeiture, which, if granted, reinstates the lease. Courts typically grant relief if the tenant remedies the breach promptly and compensates the landlord for losses.
10 How can landlords minimize risks during lease forfeiture?
Landlords can reduce risks by:
- Seeking legal advice before taking action.
- Using professional enforcement agents for peaceable re-entry.
- Ensuring all notices are served correctly.
- Maintaining clear documentation of breaches and attempts to resolve issues.
AboutContact Us
If you need commercial tenant eviction for lease forfeiture due to non-payment of rent or other breaches of the conditions of the lease, contact us today to discuss your case without obligation.