Articles about Forfeiture of Commercial Lease.
(To protect the identity of clients we may change the location or some other details in the articles.)
A client instructed us to collect rent arrears using the Commercial Rent Arrears Recovery (CRAR) process against a night club in Bristol. A common job that we undertake regularly. But this one turned into a lease forfeiture and a surprising discovery.
We are finding that commercial lease forfeiture by peaceable re-entry is increasingly being used rather than commercial rent arrears recovery when the tenant is in rent arrears.
A peaceable possession in London of what was thought to be a convenience store turned out to be something completely different. It was a brothel.
If after lease forfeiture a tenant has left goods in the property, then they still own the goods. The goods cannot simply be disposed of by the landlord.
The goods inside are covered by Torts (Interference with Goods) Act 1977. However, there is a solution.
Where any premises are let as a dwelling on a lease which is subject to a right of re-entry or forfeiture it shall not be lawful to enforce that right otherwise than by proceedings in the court while any person is lawfully residing in the premises or part of them.
We recently assisted a landlord gain possession of a retail unit in Heathrow. The landlord was working abroad and was not able to deal with day to day matters. He was wanting a complete enforcement service.
When a nationally renowned company became insolvent it caused lots of debt and property problems for landlords up and down England & Wales.
This is a common issue when one company runs into difficulties; it has serious consequences for their landlords and suppliers.
We were instructed to attend a unit in Romford and take peaceable possession therefore effecting forfeiture of lease on the property in Romford. A straightforward job; or so we thought.
We were instructed by a landlord to execute a CRAR procedure to recover rent arrears. When our bailiffs turned up to the property it was discovered that it had been divided into four units, and each had a tenant. What started as a CRAR procedure turned out to be peaceable possession.
We recently spoke to a commercial landlord from Peterborough who had been taken advantage of by a tenant once too often. It was two days before Christmas and yet again this tenant defaulted on the agreed payment arrangement.
We have recently assisted a commercial landlord in London gain possession of a retail shop by executing a forfeiture of lease.
The tenant had rent arrears and had been a habitual bad payer for some considerable time. The landlord had had enough and wanted the tenant evicted from the property.
We received a completed instruction form from a solicitor regarding the possession of a commercial property in Manchester. Many of our regular customers simply send in a completed form without calling us first as they know we will contact them by return and confirm their instructions. It saves them time.
Generally when we take possession the property is secured and that is that. When the tenant returns they read the notice left and contact the landlord. But this time was different.
In this job when doing lease forfeiture you come across plenty of sights. But this one in south London was something different!
On the instruction of the landlord we attended a large industrial warehouse in the early hours of the morning, and broke in to take possession. It was half full with building rubble and rubbish.
The landlord had rented his terraced shop out to a couple who said they were opening a discount store similar to a pound shop. They neglected to tell him that they it was going to be a discount sex shop.