Commercial Property Eviction
If you are looking to take back possession of your premises
whilst it is still occupied by the tenant this process is called “ FORFEITURE”. However you can only forefeit a lease of your premises if you have full legal grounds to do so. You must ensure that your leases contain the clauses that give you the power to do so,as, without it your powers as a landlord are significantly restricted. If you do have the right to forfeit you can choose to do so in two ways.
1) PEACEABLE RE-ENTRY. If you choose this option you can simply enter the property and change the locks to stop the tenant from continuing to enter. However this is considered a high risk option as your tenant could very well apply to the court for relief of forfeiture. This means the tenant could take back possession as well as claim compensation for losses incurred because of wrongful eviction. Please note it is a criminal offence to attempt to retake possession by peaceable entry if there is anyone in the building that objects to it. If peaceable re entry had arisen it can only be carried out against a empty building.
2) APPLYING TO COURT FOR POSSESSION This is a safe and more preferred route. However it can also be a costly and lengthy process so what Alpha Debt Recovery recommend you consider this as a last resort. The route you choose to take with your tenant will depend on the reason you have for the possession of your premises. Please note that it is a criminal offence to retake or attempt to retake possession of any property if there is anyone residing in the property. For example where there is a flat above that is included in the lease of the property. Contact our Enforcement team for advice and guidance.