How can I evict my business tenant?

If there has been a breach of the terms of the lease by the tenant, it is sometimes possible for the landlord to re-enter the premises and physically take back possession. This is called peaceable re-entry. However, great care must be taken before you embark on such action. Firstly, one must consider the possibility of committing a criminal offence under the Protection from Eviction Act. This is relevant where part of the business premises may be used for residential purposes. Secondly, consideration must also be given to the terms of the lease, as re-entry as a means of forfeiting the lease can only be used if the lease allows.

Often, the safest way of evicting your business tenant is to commence a claim in the County Court for possession. Care must be taken before proceedings are issued in the court, as often the appropriate notice must be served on the tenant, together with a letter before action.