0:02 AM, 1st December 2023, About 2 years ago 2
Text Size
Categories:
Hello, I want to forfeit a lease and take control of my warehouse by changing the locks, I have a locksmith that will change the locks. I have the keys to enter to do this.
I then want to take control of the warehouse. I want to do this myself not using a bailiff early in the morning. The tenant is 6 months behind with rent.
Is there a correct procedure and can the tenant complain about the way this is done? I have given them 7 days’ notice to pay or further action will be taken.
I have a 5-year lease in place with the forfeit clause.
Thanks,
David
Every day, landlords who want to influence policy and share real-world experience add their voice here. Your perspective helps keep the debate balanced.
Not a member yet? Join In Seconds
Login with
Judith Wordsworth
Read Full Bio
You're Missing Out!
Members can reply to discussions, connect with experienced landlords, and access full member profiles showing years of expertise. Don't stay on the sidelines - join the UK's most active landlord community today.
Not a member yet? Join In Seconds
Login with
Member Since January 2015 - Comments: 1333
11:30 AM, 1st December 2023, About 2 years ago
Read your Lease to ensure it contains a forfeiture clause. Your Lease will, or should, detail how you forfeit the Lease and the grounds for doing this.
Unlike residential Leases a commercial Lease is a contract and has different rules. Avoid accidentally waiving your right to forfeit by refraining from demanding or accepting rent once the grace period (detailed in the Lease) ends.
But basically There are two methods of forfeiture open to commercial landlords.
1. Peaceable re-entry: This is where a landlord goes into the property and changes the locks.
After re-entering the property, exercise caution. The tenant, sub-tenant or mortgagee can apply to the court for relief from forfeiture to reinstate the Lease. Courts have discretion in granting relief, often considering promptness and payment of arrears
2. Forfeiture by court proceedings: A landlord can issue proceedings for forfeiture of the lease. The lease will end when those proceedings are served.
To effect forfeiture of lease, a landlord must:
1. Serve a notice of forfeiture to the tenant.
2. The notice must clearly state the breach and provide a reasonable period for the tenant to remedy the breach (if capable of remedy).
3. Follow statutory procedures to enforce forfeiture of a lease.
Have a read of this https://www.baker-law.co.uk/site/blog/baker-law-legal-blog/how-do-i-forfeit-a-commercial-lease
Freda Blogs
You're Missing Out!
Members can reply to discussions, connect with experienced landlords, and access full member profiles showing years of expertise. Don't stay on the sidelines - join the UK's most active landlord community today.
Not a member yet? Join In Seconds
Login with
Member Since July 2013 - Comments: 735
21:07 PM, 1st December 2023, About 2 years ago
You would be very unwise to take any such action without taking legal advice from a commercial property solicitor.