Are you a commercial landlord struggling with a tenant who has not paid rent or is breaching lease agreements? 

FORFEITURE OF LEASE

Forfeiture of a Commercial Lease refers to the termination of a lease agreement between a landlord and tenant due to a breach of the terms of the lease – non-payment of commercial rent or a breach of one of the tenants covenants in the lease. This is a powerful tool for landlords who are dealing with problematic tenants.

The terms of the lease will almost always give the landlord and their agents power to forfeit the lease – sometimes referred to as repossession. This action must be done by Peaceable Re-Entry.

The process of forfeiture is different for non-payment of rent to breach of the tenants other covenants in the lease.

Forfeiture for non payment of Commercial Rent

When this occurs, a landlord will have the right to forfeit the lease by instructing enforcement agents to attend the property and take possession back under the terms of that lease. This is the simplest of the two options.The landlord can instruct us by simply filling out our Forfeiture instruction form and providing us with a copy of the lease and the amount of unpaid rent. Once instructed we take care of the whole process from start to finish. Strikes can then begin Debt Recovery action against the ex-tenant for the outstanding arrears and costs.

Forfeiture for Breach of Covenant:

Section 146 Notice:

A Section 146 notice is a formal notice that a landlord can serve on their tenant under Section 146 of the Law of Property Act 1925. It informs the tenant that the landlord intends to take legal action to terminate the lease and repossess the property because the tenant has breached the terms of the lease.

The notice must specify the breach of the lease that the landlord is relying on and give the tenant a reasonable time to remedy the breach. If the tenant fails to remedy the breach within the specified time, the landlord can then take legal action to regain possession of the property.

Examples of breaches that could result in a Section 146 notice include:

– Failure to pay rent

– Damage to the property

– Breach of repair or maintenance obligations

– Illegal or immoral use of the property

-Non payment of Service Charges or other charges under the terms of the lease

If you’re a landlord considering serving a Section 146 notice, it’s important to seek advice from us first. The process can be complex, and there are strict requirements that must be followed to ensure the notice is valid and the legal action is successful.

If you already have a Section 146 and need it serving, Strikes Enforcement Services can serve your Section 146 Notice from as little as £75.00 plus VAT* – call us today to discuss or for further information.

If you require the full service of the Section 146 including review of lease, development of the notice and service, prices start from £750.00 plus VAT