We deal with all types of commercial property matters, including evictions of tenants renting commercial property. Whether the commercial premises comprises of residential accommodation which the tenant occupies as their principal home or is no more than commercial premises our expert lawyers can help.
The advantage some landlords have when letting commercial premises is that a Court order is not always required to obtain possession of the premises. Before granting a business tenancy for commercial premises, landlords can exclude the tenancy from certain provisions of the Landlord and Tenant Act 1954 which means the tenant is required to give up possession of the premises when the tenancy expires unless a new lease is granted by the landlord. In such case, when the fixed term comes to an end the tenant does not have the right to remain in possession of the property; if they do, we can proceed with an eviction without the need for a court order.
In the case of a breach of contract or other act or omission which provides grounds for an eviction, the landlord may seek to invoke the right of forfeiture (subject to the terms of the tenancy), this means that without the need for a court order the landlord may terminate the lease upon re-entry. It is always advisable that a enforcement officer is instructed to execute a right of forfeiture.
Terminating After The Lease Has Expired
Ending a commercial lease on or after the expiration of its fixed term depends on the security of tenure. Security of tenure is the right for the tenant to occupy business property after the lease comes to an end. If the lease grants security of tenure, the lease will continue after the expiry date if the tenant remains in occupation of the property for business purposes. You can read more on terminating a Commercial Lease here.
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