For commercial matters, things are usually started with a Section 146 notice (for information and guidance please see the Royal Institute of Chartered Surveyors) giving a reasonable time for the breaches complained of in the notice to be rectified otherwise the lease will be forfeit. If the tenant does not comply, then the landlord can take back possession of the property (if provided for in the lease) unless the tenant obtains an injunction to prevent this.

Commercial landlords can also use ‘distrain’ (that is take possessions belonging to the tenant left on the property) to cover any sums owing.

Alternatively, most leases terminate if the tenant becomes insolvent so it is worth landlords considering serving a statutory demand if there are sums owing in excess of £750 and taking steps to wind up the tenant as then the lease will automatically come to an end and the landlord can take back possession of the property.

The law tries very hard to protect residential tenants from being evicted from their homes without judicial scrutiny to make sure they are not being unfairly treated. This is not so with commercial matters as there is generally greater equality of position.

The options are varied and the best choice will depend on the circumstances. We can provide you with the pros and cons of each route and assist in achieving your aims.

For further advice and assistance, contact us.