How To Evict A Commercial Tenant: A Guide

As a landlord of a commercial property, you might face a scenario where you need to evict a tenant and take back possession of the property.

There are several legal reasons you can evict a commercial tenant, from the non-payment of rent to a breach of the terms of the lease.

In this guide, we’ll cover key information on evicting commercial tenants, including the process and the time it takes.

Ending a commercial tenant’s right to occupy a property early is known as forfeiture.  A lease can be forfeited by peaceable re-entry or by obtaining an order from the court.

That said, you can only forfeit the lease of your premises if you have the legal grounds to do so.

Due to the sensitive nature of the issue, we recommend that you seek legal advice from a commercial litigation solicitor at your earliest opportunity to ensure you have the legal right to be able to carry this out.

Our Head of Commercial Litigation, Ben Jenkins, explains more on this to business owner and former rugby player, Sam Warburton, in the video below:

How Do You Evict A Commercial Tenant?

There are many steps involved in evicting a commercial tenant to ensure the eviction is lawful and compliant. 

They include, but are not limited to:

1. Determine the breach of the lease agreement
2. Communicate with your tenant
3. Serve your commercial tenant notice
4. Get a court order
5. Attend a court hearing
6. Enforcement 

1. Determine The Breach Of The Lease Agreement

This first step is arguably the most important, as it will determine what can and can’t be done during the eviction process.

Assuming you have a lease, you should review the agreement to make sure that you have legal grounds for eviction before taking any further steps to evict the tenant.

You will need to look at the terms of the lease to determine the rights and obligations of both parties. 

The majority of commercial leases contain a forfeiture clause, which can simplify the process.  It is recommended that if you are seeking peaceful re-entry, you should instruct qualified and experienced professionals, as if not done correctly, the attempt may fail or in a very worst case scenario, you may inadvertently commit a criminal offence.

Reasons To Evict A Commercial Tenant 

Reasons to evict a commercial tenant include:

• Non-payment of rent.
• Breach of terms of the lease.
• Breach of the repair condition.

If you don’t have a lease in place, you still have the grounds to evict a tenant. 

However, this further complicates the situation, emphasising the importance of having an experienced commercial property litigation solicitor on board.

2. Communicate With Your Tenant

Although tensions may be high, opening a dialogue with your tenant is an essential step.

You will need to clearly communicate with your tenant regarding the issue that necessitates the eviction.

An experienced commercial property litigation solicitor will be able to advise you on what to say at this stage to avoid escalating the situation.

It’s always best to resolve the matter through negotiation or mediation if possible.

3. Serve Your Commercial Tenant Notice

If you’ve not been able to resolve the issue after identifying the breach and communicating with your commercial tenant, you’ll need to serve notice.

You must give your tenant written notice. The type of notice required depends on the situation and the reason why you’re evicting the tenant.

For instance, you might need to serve a valid notice under Section 146 of the Law and Property Act 1925, specifying what the breach is, how to remedy the breach (if possible), outlining requirements for compensation and giving the tenant reasonable time to fix the breach.

It is essential that the notice is accurately completed, the correct form is used, and the notice period is respected. There are also rules for how the notice should be served.

At Harding Evans, our team will help manage a landlord’s case, ensuring that the legal procedures are followed and that you are well-informed at every stage of the eviction process.

Get in touch with a member of our team today.

4. Get A Court Order

If your tenant doesn’t remedy the breach or leave the property on their own accord, then you’ll need to apply for a Possession Order.

This process is generally regarded as a safer route, but it can take longer.

A claim form must be submitted to the court, including details such as the grounds for possession as well as supporting evidence.

The form is then served to the tenant, who is given a date by which they can file a defence, counterclaim, or request additional time to respond.

5. Attend A Court Hearing

Both parties will then present their arguments to the county court

A judge will decide whether to grant the possession order.

If you receive a favourable judgement, the judge will give you permission to take back possession of the commercial property in question.

The possession order will specify the date by which the tenant must leave the property.

6. Enforcement 

If you’re given a possession order, and your commercial tenant doesn’t leave your commercial property voluntarily, a landlord can use bailiffs to enforce the order.

How Long Does It Take To Evict A Commercial Tenant?

There are many factors that can influence how long it takes to evict a commercial tenant in the UK, from the action you choose to take to how long it takes to get a possession order.

In some cases, where the tenant doesn’t dispute the landlord’s decision, it could take 6 weeks. That said, more complex cases can take several months to resolve.

How We Can Help

If you’re unsure about whether you have the legal right to evict a commercial tenant, Harding Evans Solicitors can help.

Our solicitors will work with you closely from the earliest opportunity to find the most efficient way to help.

Contact our experienced team today to discuss your commercial property legal needs.