Q: I am a commercial landlord, what can I do if I want a tenant to vacate my property?

October 16, 2017, By

A: You should consult your written lease to consider whether you have a break option. If you do and you can satisfy the conditions of this, then you may be able to obtain vacant possession of the property.

Alternatively if the tenant is in breach of its covenants in the lease, for instance by being in rent or service charge arrears, you can take possession by force by changing the locks to the premises when there are no individuals present. For rent arrears, you may be able to take such action without serving a notice on the tenant. For all other breaches of the lease either, a claim for possession must be issued and a Court Order obtained or. a Notice of Forfeiture served n your tenant giving them a reasonable period to remedy those breaches specified in the Notice and then the locks can be changed if the breaches remain.

Once you have decided to end the tenant’s interest in the premises, or you have already obtained vacant possession, you should instruct a suitably qualified surveyor to draw up a Dilapidations Schedule which you will serve on the tenant asking it to repair the premises up to the condition required by the lease or pay damages equivalent to your loss.

As with all property disputes you should take the advice of a competent and experienced property litigator who will be able to advise you on your options.