As a prudent landlord, although you may carry out extensive checks before granting a lease of commercial premises, tenants may still fail to pay rent on time. So what can landlords do to remove tenants in these circumstances?
Decide what you actually want to achieve
As a commercial landlord you will first need to reach a decision about whether you
- are prepared to let the tenant remain in the premises and bring the rent up to date or
- want the tenant to leave the premises
This is an important decision because if you want the tenant to leave then you must not do anything at this stage which acknowledges that the tenancy is continuing, such as accepting payment of rent arrears.
For these purposes let’s assume that you want to remove the tenant, but if you are considering recovering rent arrears read about the Commercial Rent Arrears Recovery (CRAR) process. As enforcement agents, Able Investigations and Enforcements are able to take control of a tenant’s goods for sale and recovery (payment) of rent arrears.
Look at your lease
Most lease agreements contain a clause enabling the landlord to end the lease and take possession of wholly commercial premises (forfeiture). If this is the case, then provided the rent is overdue by the period agreed in the lease (usually 14 or 21 days), the landlord may be able to exercise their right of peaceable entry for possession.
Landlords usually instruct an enforcement agent, like the team at Able Investigations and Enforcements, who have extensive knowledge and experience of the most effective way to achieve forfeiture. We enter the premises and change the locks (or entry system), bringing the lease (and the right to rent) to an end. This requires skill and care, particularly where, for example, there is the potential of criminal behaviour (such as assault) if the tenant is present with the intention of opposing the eviction.
Alternatively, a landlord can apply to the Court for possession of the commercial premises. This may be in the County Court or High Court if you want to combine with an application (known as a Writ in the High Court) to recover rent arrears at the same time. Once a Court Order for possession is granted the team at Able Investigations and Enforcements can take possession of the premises on your behalf even where this requires a specialist a high court enforcement officer (HCEO) following an order made by the High Court.
Able Investigations and Enforcements’ highly professional team can assist landlords in removing troublesome tenants. To discuss your options call us on 0345 366 0000.