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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71042
Experience:  Over 5 years in practice
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I have let commercial garage premises on a commercial lease. The

Customer Question

I have let commercial garage premises on a commercial lease.
The tenant is in arrears of rent despite numerous requests for paymentThe lease does contain a forfeiture clause.
Can I re enter the premises by peaceful re entryy by changing the locks. to gain possession of the property without a court order.. The tenant still has his tools and other vehicles in the premises.
and can I seize any goods for non payment
I do have another tenant who wishes to take the premises.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
How much does he owe please?
Customer: replied 3 years ago.

The sum of £2.600..00 this includes insurance due

this is payable as rent.

Expert:  Jo C. replied 3 years ago.

You can peaceably re-enter the property and change the locks to lock him out however you cannot simply seize the goods unless you provide him with a notice under the Torts Interference with Goods Act that if he does not pay money which is outstanding within a reasonable period of time (usually that would be one month) then the goods left in the premises will be sold to repay outstanding rent.

Please bear in mind once you have foreclosed on the lease and taken possession of the property, the tenant that is in arrears is no longer responsible for business rates and that comes down to you.

Can I clarifying anything for you?

Customer: replied 3 years ago.

Thank you if he is not in the premises at the date of re-entry presumably I will have to allow him entry to take any tools of trade and personal belongings.

Expert:  Jo C. replied 3 years ago.
That is entirely up to you. You dont have to let him in but can simply give him tools and personal items back over rthe doorstep!
Customer: replied 3 years ago.

Thank you

Would I need to place a notice on the door.

Expert:  Jo C. replied 3 years ago.
Yes, you should give notice that the lease has been foreclosed on. The notice is to the tenant. On the door is usual