Whether a landlord recovers possession of commercial premises as a result of Court proceedings or by relying on powers given in the lease agreement (such as forfeiture of the lease and peaceable re-entry for rent arrears) it is important to make sure that the tenant can’t then effect further access (re-entry) to the premises.
Not only do premises need to be secured against emotional and angry tenants who may consider “breaking in”, it’s equally important to bear in mind that unoccupied commercial premises can also attract squatters.
So what can a landlord do to minimise the risk of re-entry?
1. Take action quickly
Whatever the landlord’s powers to take physical possession of premises (because of a Court Order or forfeiture) it is important to act without delay to effect the recovery of physical possession of the premises as quickly as possible. We can usually offer a same day emergency service to ensure this happens.
2. Follow the correct procedures
Depending on the lease, the type of tenant and the circumstances surrounding possession, our fully trained team always ensure the correct legal procedures are followed. Particularly, you need to ensure that the tenant is not inadvertently presented with an opportunity to make a claim (seek Court relief) for re-entry because of a failure to correctly follow procedures.
3. Change the locks
This simple but effective measure ensures that only the landlord and/or anyone with the landlord’s permission now have keys (or other effective means of entry) to the premises.
4. Post Notices of termination
Once the premises are secure, notices of termination outlining that the landlord now has possession, are posted on entry doors and windows to avoid any confusion or misunderstanding of the situation.
5. Provide on-going security
Where there is a real risk of the tenant re-entering we will organise for the premises to be occupied by security agents, who will remain in the property whilst the risk remains, or organise suitable surveillance.
This means that, as a landlord, you can rest assured that once you recover possession of your commercial premises we will help you retain it.
Able Investigations and Enforcements can assist you with all aspects of taking possession of your commercial premises, securing them and minimising risk of re-entry. To find out more, please speak to a member of our enforcement agency in Bristol by calling us on 0345 366 0000.
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