Under the CRAR legislation, you can effectively repossess your premises by forfeiting the lease of commercial tenants who are in arrears with their rent. We will peacefully gain access and can take back control of your commercial property in as little as 24 hours.
Forfeit a commercial lease and retrieve your building
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
How can I forfeit the lease?
To forfeit a commercial lease you can instruct Dukes Bailiffs by downloading and completing our 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.
Removing your tenant's goods
Once you have completed your warrant to forfeit, you can also complete an 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 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.
Costs to forfeit a commercial lease
The costs and fees are to be paid by the tenant and the landlord, depending on the service you require:
PAYABLE BY THE LANDLORD:
£350 (+VAT) for forfeiting the lease in addition to the Locksmiths fee. This will depend on how many locks there are at the property and what types of locks need to be replaced. The average Locksmith cost is £150, but the price can depend on volume. To get a quote for the locksmith, please call 01785 825 519 to discuss the lock types and number of locks on your property.
FORFEITing THE LEASE AND CHANGING THE LOCKS
TORTS NOTICE - REMOVing GOODS from THE PREMISE
Please note: a Torts Notice is the landlords choice – it is not a problem for the landlord to handle the tenant’s goods without assistance.
PAYABLE BY THE LANDLORD AND TENANT
The landlord is responsible for:
£95 (+VAT) for the implementation of the Torts Notice. This is a list of goods from the property that we will send to the tenants home address, allowing them 14 days to call to arrange re-entry in order to obtain their goods.
£95 (+VAT) per Enforcement Agent, per hour - clearing of the premises / removal of any goods left by the Tenant (after the Notice period). if required.
The tenant is responsible for:
£95 (+VAT) per Enforcement Agent, per hour for the supervisal of the removal of goods and re-entry by the Tenant.
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.