Got a problem business tenant? Here’s the commercial eviction process explained…

Are you worried about taking a tenant through the commercial eviction process?

Our expert professionals are here to help you understand the stages you need to go through to get your property back and recover rent arrears.

From problems with the tenant to court action and enforcement, here’s our guide to commercial evictions…

Has the tenant breached the lease?

If so, you need to act quickly.

If your tenant breaches any of their contractual obligations, most leases give landlords the right to forfeit the lease.

Usually, this happens if tenants aren’t paying the rent but they could also have damaged your property or be running a business prohibited by the lease. The latter two issues may require a separate legal notice.

Making any arrangements with the tenants about late payment could be seen as an act of waiver, which could affect your right to evict the tenant, and you don’t want them to do even more damage..

So, call us in at the earliest stage possible and get our professional advice.

What happens next?

Your tenant may comply with the terms of the lease and leave your premises, or you may be able to regain your site with ‘peaceable re-entry’.

This means there is no one who is likely to oppose the landlord’s re-entry, you aren’t threatened, and you can get inside and change the locks, leaving a visible notice for the tenant outlining what you’ve done, why, the date, and that the lease is now considered to be at an end.

If threats are issued, you run the risk of committing an offence, so get expert advice before you attempt this and hire experienced staff to do this.

You may also have to go to court for a possession order.

A 28-day period where the tenant can apply for relief or vacate the premises is usually granted by the court.

If your tenant hasn’t left, the possession order can be transferred to the High Court for a writ of possession which is the basis for an eviction.

High Court enforcement agents, like ours at Eviction Plus, must then be instructed.

They will remove the former tenant with no more than reasonable force. We would never advise landlords to do this themselves or hire unqualified people as reasonable force is decided in each, individual case and experience is key to avoiding claims of excessive force.

Do you have trespassers at your commercial site?

You may not have to go to court to deal with them.

You could evict them under common law, which is a quicker process. A representative of the landowner asks the trespassers to leave and gives them a time period in which to do so. Generally, this is 24 hours.

After this time period is up, certified enforcement officers may use reasonable force to evict the trespassers. We recommend landlords do not do this themselves, as they put themselves at risk of attack.

Are you owed back rent?

The law says commercial landlords must instruct enforcement agents to recover commercial rents which are owed to them.

This came into effect because in the Tribunals, Courts and Enforcement Act 2007 in 2014.

You can recover this commercial rent without going to court under schedule 12 of this act.

Only rent, interest, and VAT can be recovered under CRAR (Commercial Rent Arrears Recovery), but we can collect the service charge and any associated debts free to the landlord and tenant if it is combined with an instruction for rent arrears under CRAR.

The debtor pays the fees for the rent arrears.

Do you need help with a commercial eviction? Call us on 01495 781218 or get in touch here.

Why every landlord needs to have the number of a good tenant eviction service

Most experienced landlords will have dealt with one or two bad tenants and know the benefits of a professional tenant eviction service.

You simply cannot afford to have tenants who do not pay, damage your property, or cause the neighbours problems with noise, drugs, or other criminal activities.

Having the telephone number of a good tenant eviction service can be the difference between your property portfolio making you money or costing you dearly.

How can our tenant eviction service help you?

Our professional agents can help if you have tenants who:

  • Aren’t paying the rent
  • Are causing a nuisance or damaging your property
  • Are refusing to leave after the end of their tenancy agreement
  • Are in breach of an obligation in the tenancy agreement
  • Have a trade or business at your residential property without your permission

You’ll need to serve a possession notice on your tenant, and our experienced staff will help you choose the right notice and we will draw it up and serve it for you.

We’ll also help you prepare for any court dates and we’ll book one of our experienced solicitors or barristers to act for you in court.

Which possession notice should you use?

Section 8 notices are used when a tenancy has been breached, such as with rent arrears, damage, or nuisance. Landlords must provide 14 days’ notice to the tenant before action can be started in the courts and if the tenant rectifies the issue, possession may not be granted. This is often the best order to use when a tenant is solvent or there is a guarantor.

Section 21 notices are sometimes preferable even though they require two months’ notice to be given to a tenant and cannot end before the end of a fixed term tenancy. This is because in most cases, it is a paper process with possession being granted and separate claims can be brought for any rent arrears.

In 2018, 10,128 repossessions were carried out by County Court agents in England using the “accelerated procedure” under Section 21.

There are currently government plans to end Section 21 possessions in England and Wales, however.

We keep abreast of the latest legal moves and each case we deal with is assessed on its individual merits and we advise our clients accordingly.

 

What happens when you get a possession order?

Normally, a judge will give a tenant between 14 and 28 days to vacate a property. An order to pay rent arrears or for the cost of damage may also be made.

If a tenant is still refusing to leave, you can instruct High Court enforcement agents and transfer your case from the County Court to the High Court to obtain a High Court order.

Experienced, professional agents will carry out the eviction within the law.

Simply changing the locks is not legal, even if your tenant has ignored a possession order.

 

Do you need advice from our tenant eviction service? Call us on 01495 781218 or get in touch here.