If you are currently struggling to retrieve rent from tenants of your commercial property, then it is likely that you want to evict them. If you have got to the stage where you want to evict your tenants rather than chase rental payments, you will need to use either of the following procedures.
Forfeiture of lease
If your tenants have failed to pay their rent for the specified period outlined in their tenancy contract, then you can evict under Common Law and forfeit the lease.
Before carrying out this procedure, check your tenancy agreement to see how many days the rent must be overdue by before the lease can be forfeited. The standard period is usually 21 days, but your contract may differ.
Once you have established that you can forfeit the lease to remove the tenant, you can instruct an enforcement officer to act on your behalf to repossess the property. An enforcement officer can assist you in forfeiting the lease by entering the property and changing the locks.
Writ of possession
If you are unable to evict by forfeiting the lease, then you can apply for an order of possession at your local county court. This can then be transferred to the High Court and enforced by a bailiff under a writ of possession.
The writ of possession will allow an enforcement officer to notify your tenant of the repossession and remove tenants and contents within 24 hours of the notice being posted.
To recover rent arrears, the writ of possession can also be combined with a writ of control, which will allow enforcement officers to recover rent and repossess the property simultaneously.
If you are a commercial landlord who is struggling to retrieve outstanding rent from existing tenants and would like to evict them, then speak to Able Investigations to find out how we can help. We are certificated bailiffs with experience in helping commercial landlords repossess their properties and can also assist with CRAR processes to recover outstanding rent. Speak to a member of our team today by calling 0345 366 0000.
