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Forfeiting a commercial Lease

Under the CRAR legislation, you can effectively repossess your premises by forfeiting the lease of commercial tenants who are in arrears with their rent.

Forfeiture of a commercial lease, also known as tenant eviction, should only be considered if you believe the tenant does not have the funds to pay what you are owed; if the tenant does not have a sufficient amount of goods in the property to cover any debts; or if they have become a "problem tenant" and you have another potential tenant lined up.

Once instructed, Dukes will peacefully gain access to your commercial property and take back control of your commercial property in as little as 24 hours.

 

Understanding the Law

To forfeit a lease, the commercial landlord must be able to evidence the following:

  • 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.

Only if the above is true can the landlord consider forfeiting the commercial lease.


How to take action - Forfeiting the Commerical Lease

Our experienced enforcement team will begin the forfeiture within 24 hours of an instruction. What’s more, we’ll take the stress away by managing the entire process including changing the locks and clearing the premises.

To instruct Dukes today, download and complete our online ‘warrant to forfeit’ form.


Implementing a Torts Notice (Interference of Goods Act 1977)

A Torts Notice ensures that all goods found on the premises are itemised to identify ownership of the goods. 

We will list the tenants’ goods on the commercial property and send a Notice to the tenants’ home address issuing them 14 days to call to arrange re-entry to the property to obtain their goods. Our Enforcement Agents are trained to be on hand to supervise the removal of goods by your commercial tenant, and can, if required, remove any goods after the 14 days are up.

This service is optional.

The majority of costs associated with evicting a tenant are the landlord’s responsibility, and not the tenants. Visit our costs page for more information.


Why Commercial Landlords choose Dukes


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