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Commercial Property: Forfeiture

We can advise you on the best remedial action

Commercial Property: Forfeiture

Business Lease Lawyers

We recognise that breaches of covenants in commercial leases can be problematic for landlords and such breaches need to be dealt with carefully. We are able to analyse the breach for you, whether that is in respect of rent arrears or some other breach, and we can advise you on the best remedial action.  From instructing bailiffs to forfeiting the lease immediately, issuing Court proceedings, or commencing debt recovery action, we can assist you according to your needs.

Evicting your tenant

You may be a landlord seeking to evict your tenant. This could be due to a number of reasons including a breach of tenancy, rent arrears, or simply an end to the term of the tenancy. We are able to very quickly get to grips with your aims and commence the best route to obtain vacant possession for you.

Terminate tenant’s lease

Commercial landlords may be entitled to “forfeit” (terminate) the tenant’s lease for unpaid rent. This could be done by peaceable re-entry, for non payment of sums due under the lease. Historically, this enabled landlords to keep close control of commercial premises and avoid a build up of arrears. The instructs of certified bailiffs would allow a commercial landlord to take control of a the premises swiftly by a change of locks where the criteria for unpaid sums had been met.

However, in a world where the Covid-19 pandemic has struck, there are additional restraints imposed on landlords which has prevented the ability to forfeit a lease for unpaid rent from 26 March 2020 to 30 June 2021 due to a moratorium that has been imposed.

The good news is that the Courts have recently handed down judgment that favours commercial landlords and enables them to take other steps to recover unpaid sums due, and obtain Court judgments. Other powerful enforcement remedies remain and can be actively pursued.

There are other breaches of lease which may entitle a landlord to terminate a commercial lease through forfeiture, with the service of a notice.

Why choose Edwards Duthie Shamash?

Edward Duthie Shamash have a team of property and property litigation specialists that are able to advise you on the breach, the remedial action, and the most commercial and economic approach.

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