Commercial Tenant Eviction Solicitors

Support with commercial evictions

At Eric Robinson Solicitors, we provide expert legal support for both landlords and tenants surrounding the intricacies of commercial evictions.  

In certain circumstances, a landlord may wish to start an eviction procedure against their commercial tenant. It can be a complex and stressful situation for both parties, and there are certain legalities that will need to be met in order to be successful. We highly recommend that a landlord looking to evict a commercial tenant seek advice from a qualified solicitor in order to understand any possible repercussions or conditions that need to be met to avoid a claim for wrongful eviction. Similarly for a commercial lease tenant, legal advice is recommended if you are not satisfied with the eviction notice or feel it is unlawful.

Reasons to evict a commercial tenant

There are a number of reasons why a landlord may choose to evict a tenant. They may have breached a specific term in their commercial lease agreement, or their lease is coming to an end. You may want the property back for yourself, or to sell or demolish the building. 

It is important to note that a commercial tenant cannot be evicted mid-lease simply because the landlord wants them removed. 

Rights and responsibilities of landlords and tenants

As previously mentioned, the eviction process can be a complex one, and in order to take back a commercial property, a landlord needs to begin a process known as ‘forfeiture’. A clause to this effect needs to be present in the existing commercial lease agreement, and it can only be initiated when a term or responsibility of the lease, such as the requirement to pay rent, has been breached. 

For  landlords seeking eviction for a reason other than non-payment of rent, they may  first need to serve the tenant with a Section 146 Notice.

For a tenant who is facing eviction, it is imperative to seek legal advice as there may be an opportunity to apply to the courts for relief from forfeiture or bring a claim for wrongful eviction should some of the legalities fail to be met. It is also important to note that landlords will face further complexities if their tenant has gone into liquidation or administration.  

Section 146 notices and reach of covenant

A Section 146 Notice can be served to a tenant when there is a breach of covenant. As previously mentioned, it provides details of the breach and issues the tenant with a reasonable amount of time to remedy it (if it is possible to do so). If it is not remedied, a landlord is then entitled to re-enter the premises (peaceably) or commence court proceedings to pursue the eviction. 

A Section 146 Notice should have proof of delivery, whether that’s via a witness handing it to the tenant or where it has been sent by special delivery. 

How can Eric Robinson help with commercial tenant eviction? 

Our team of qualified Solicitors is here to help both landlords and tenants with the complexities of commercial eviction. From strategic advice and guidance through to legal representation and advocacy in eviction proceedings, we have the expertise to support you in problem solving and navigating your requirements for full peace of mind. 

For additional information, we have put together a collection of top tips for commercial property dispute resolution. 

To speak to us and find out more, get in touch with one of our local branches at the following locations: Southampton, Hedge End, Chandlers Ford, Winchester, Lymington, or Richmond Upon Thames.