Guide: Common repossession problems and how to avoid them
Property Repossession
Evicting a tenant is often your last resort after months of contract breaches, rent arrears and generally unsuitable behaviour. While the forfeiture of lease process aims to make it straightforward to regain control of your property, there are a few pitfalls to watch out for during repossession.
What if someone is always on the premises?
The problem: you need to enter the building to change the locks, but there is always someone on-site.
The solution: usually repossession happens late at night or early in the morning when the property is likely to be empty. If your tenant has started sleeping in the property or runs a 24-hour operation, peaceable re-entry won't be possible. You'll need to apply to the court for a possession order to end the lease.
What if your tenant applies for relief from forfeiture?
The problem: a County Court will typically grant your tenant the opportunity to resume the lease providing that they pay their rent arrears, fix any lease breaches and cover the landlord's court costs. They do have to bring the case within six months, however.
The solution: forfeiture of lease should be a final solution. If you suspect your tenant has enough money to cover their rent arrears and your court costs, then it might be better to pursue them using the commercial rent arrears recovery process. This way you get your back-rent and don't need to end the lease early.
What if your tenants try to claim compensation for wrongful eviction?
The problem: if your ex-tenant feels that their eviction was unfair, they might take you to court for loss of earnings caused by wrongful eviction.
The solution: repossessing a property shouldn't be taken lightly. Make sure you have sufficient evidence of serious lease breaches to show in court. Accepting rent, or asking for it, after the tenant has been notified that they've breached their lease is a sign that you're happy to continue the contract.
Whatever the scenario, Enforcement Agents are the best-placed agencies to handle evicting a tenant. They know the rules and are able to make sure everything is done calmly, efficiently and – most importantly – legally.
Contact Duke's Bailiffs if you need help with forfeiture of lease, or if you have any questions about the process.
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