Forfeiture of Lease - Peaceable Possession
“Forfeiture of lease” is the ending of a commercial lease by taking peaceable possession of the commercial property. It is a very effective way to get your property back or get a tenant to pay.
Most commercial leases contain a “forfeiture of lease” clause allowing the landlord to forfeit the lease if the tenant breaks certain conditions, usually including the non payment of rent, or insurance being overdue for a specific period of time.
Once the tenant has broken any of the conditions, including a long period of non-payment, the landlord must act quickly to “forfeiture of lease”, or be deemed to have ‘waived’ the right to do so.
Please remember an acceptance by the landlord of an arrangement for late payment of rent is likely to be viewed as an act of waiver. Therefore act quickly and instruct us now to get your property back.
What happens after I return the warrant ?
Once your warrant is received the following will happen:
- One of our team contacts you within 2 hours.
- They confirm receipt of the warrant.
- Check the details.
- Plan and action the warrant.
Instructions received outside of business hours are dealt with the next business day.
- Your case is loaded onto our online management system.
- The system emails you confirmation of your instruction.
- One of the team will allocate the case to our nearest Bailiff / Enforcement Agent.
- Our office will liaise with the bailiff and locksmith to arrange a suitable time to execute the warrant. This is usually the same day or within 24 hours.
- One of the team will then usually email you with the details of when the warrant will be executed.
- Our bailiff will attended with the locksmith.
- The locksmith will gain access and change the locks (to stop the tenant re-entering).
- The bailiff will take possession of the property.
- The bailiff will serve the forfeiture / possession notices by posting them on every entrance to the property, and photograph them for evidence.
- The bailiff will take a note of the contents, and photograph them.
- The locksmith will secure the property.
- The new set of keys will be returned to you as per the agreed method.
- If required for any court cases the bailiff will provide a witness statement.
You will be kept up to date by either one of the team or by our online management system.
About Lease Forfeiture
Forfeitures can usually be carried out within 24 hours of instruction on a low fixed fee.
We have a pre approved panel of locksmiths across the UK to recommend to you if you do not want to use your own locksmith.