Commercial Rent Arrears Recovery
WARRANT TO FORFEIT
FORFEIT A LEASE AND RETRIEVE YOUR BUILDING
Under the Commercial Rent Arrears Recovery legislation, you can effectively repossess your premises by forfeiting the lease of commercial tenants who are in arrears with their rent.
When is forfeiting a lease the best option?
Tenant Eviction, formerly known as forfeiture of lease, should be considered if:
- You believe the tenant doesn't have the funds to pay what you are owed;
- You believe the tenant doesn't have a sufficient amount of goods in the property to cover any debts;
- The tenant has become a "problem tenant" and you have another potential tenant lined up
Need to know
By law, before considering this action, there must be:
- A recognised Landlord & Tenant relationship – a lease agreement will suffice;
- Land or premises for which rent is payable;
- Certainty as to the amount of rent owed and length of the lease;
- A clause in the lease that states that enforcement action will be taken if rent falls into arrears.
Removing your tenant's goods
When you complete the Warrant to Forfeit, you are also able to complete and instruction under a Torts Notice (Interference of Goods Act 1977). This ensures that all goods found in the premises are itemised which helps identify ownership of the goods. They are then given a period of 14 days from the date of their eviction to remove their goods.
Our Enforcement Agents can also be on hand to supervise the removal of goods by your commercial tenant, and to remove any goods after the 14 days are up.
Unlike Commercial Rent Arrears Recovery, the costs associated with evicting a tenant are the landlord’s responsibility, and not the tenants.
How can I forfeit the lease?
If forfeiture of a lease is the best course of action for you, you can instruct Dukes Bailiffs by completing our online Warrant to Forfeit form.
Once you’ve submitted your form, we’ll take action within 24 hours. Our specialist team will then take care of the entire forfeiture process, from changing the locks to helping with the clearance of the premises.
No notice of enforcement is necessary.
FAQ - CAN THE COMMERICAL LANDLORD CHARGE THE TENANT ENFORCEMENT FEES?
The new regulations only allow a Commercial Landlord to recover rent arrears from their tenant, and no insurance or service charges. To recover additional charges, the landlord must obtain and County Court Judgment via the County Court.
For more information regarding this service please call our enforcement team on 01785 825 519 or fill out our enquiry form.