As a tenant with a commercial lease, circumstances can arise where your landlord has a right to gain possession of their property. For example, they can seek to possess their property after properly terminating the tenancy. Your landlord will also have a right to repossess the property if you do not pay rent or breach lease provisions. They can do this by forfeiture of the lease. If your commercial landlord seeks possession through the court, it is essential that you respond appropriately and within the specified timeframe. This article will explain how a commercial tenant should react to a formal claim from a court for possession of commercial property. <\/p>\n\n\n\n
Your landlord has a legal right to gain possession of their commercial property if the tenancy has been terminated correctly. This means they take back control of the property and the right to occupy it. This could occur if:<\/p>\n\n\n\n
When your landlord wants to gain possession of their commercial property, they may do so through physical recovery. This is where they change the locks and take possession of their property. However, it is more likely that your landlord will obtain a court order for possession. <\/p>\n\n\n\n
A landlord should make it clear they wish to gain possession once your lease reaches its end term. If you refuse, the law may consider you a trespasser on their land. <\/span><\/p>\n<\/div>\n\n\n\n If your landlord seeks possession through the county court, there are certain rules and steps to follow. A court hearing for possessing the premises should occur at the nearest country court to the commercial property. In exceptional circumstances, the claim for possession could go through the High Court, which is when there are:<\/p>\n\n\n\n A commercial landlord can either seek possession online with a PD 55B, or you will receive a hard copy paper N5 form. Your landlord can only make an online claim to possess the property where their reason for possession is non-payment of rent. <\/span><\/p>\n<\/div>\n\n\n\n Where your landlord claims on paper, they should pass you an N5 form:<\/p>\n\n\n\nProcess of Possession<\/h2>\n\n\n\n
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