Solicitors for forfeiture and commercial property possession

Commercial Forfeiture and Possession Solicitors

Recovering possession of commercial premises can be commercially urgent, but taking the wrong step can undermine a landlord's position. For a tenant, forfeiture can mean suddenly losing access to premises which are fundamental to the business.

Our specialist property disputes solicitors advise commercial landlords seeking possession and tenants facing forfeiture or other possession action.

We combine experienced property litigators with one of the country's largest and most experienced commercial property teams. We can advise quickly on the immediate legal position while also considering the commercial solution – whether that means recovering the property, preserving the tenancy, securing payment or negotiating an agreed exit.

How we help commercial landlords

A landlord may need possession because rent is unpaid, the tenant has seriously breached the lease, the premises are being misused or the landlord no longer has confidence that the tenant will comply with its obligations.

We can:

• assess whether there is a valid basis for forfeiture or possession;

• advise on the safest and quickest available route;

• identify any risk that the right to forfeit has been waived;

• advise before rent or other payments are demanded or accepted;

• prepare and serve the necessary notices;

• respond to attempts by the tenant to obtain relief;

• negotiate payment, compliance, surrender or another solution;

• issue and conduct possession proceedings where necessary; and

• deal with enforcement if the tenant does not leave.

The appropriate strategy depends on what the landlord actually wants from the property.

Strategy and options for landlords

Possession is not always the landlord's only or even preferred objective.

A landlord with a good tenant experiencing a temporary problem may principally want arrears paid and future compliance with the lease.

Another landlord may want the premises back as quickly as possible because there is an opportunity to re-let, sell or redevelop them.

There may also be value in negotiating an agreed surrender rather than spending time and money establishing a right to possession through contested proceedings.

We establish the commercial objective first and use the available legal remedies to help achieve it.

Get legal advice before taking action

Forfeiture is an area where seemingly routine actions can have significant legal consequences.

In particular, a landlord who knows of a breach but subsequently acts in a way which recognises the continuing existence of the lease may risk waiving the right to forfeit for that breach.

Rent demands, accepting payments and communications with the tenant can therefore need careful consideration.

Before taking possession, changing locks, accepting money or sending significant correspondence, it can be valuable to establish the legal position and decide on a strategy.

This is often a relatively small legal investment compared with the cost of discovering later that the intended remedy has been compromised.

How we help commercial tenants

The loss of business premises can have consequences far beyond the value of the rent in dispute.

A tenant may face interruption to trading, loss of access to equipment or stock, difficulties with employees and customers and potentially serious damage to the business.

We advise tenants where:

• forfeiture has been threatened;

• a landlord alleges serious lease breaches;

• the tenant has been locked out of the premises and needs to apply for relief from forfeiture;

• possession proceedings have been issued;

• the tenant needs urgent advice about obtaining relief;

• rent or other liabilities are disputed; or

• the tenant wants to negotiate continued occupation or an orderly exit.

Where the premises are business-critical, speed can be essential.