If you are a commercial landlord trying to gain back business premises, one of the first questions is usually how long the process will take. There is no fixed timeframe. It depends on why you want the property back, what the commercial lease says, whether the tenant challenges your position and whether court proceedings are needed.
The starting point is to understand your legal right to possession and the process you need to follow. Acting too quickly can create further problems, particularly where forfeiture or formal possession proceedings are involved.
In This Article
How long does it usually take to recover commercial premises?
Some matters can move relatively quickly. Others can take much longer.
The key difference is usually whether the tenant accepts that the lease is ending or whether there is a dispute about the landlord’s right to recover possession.
A solicitor will normally need to look at the lease, the reason you want the premises back and what has happened between you and the tenant before giving useful guidance on timing.
If notices need to be served, those notices can add time. If possession proceedings become necessary, the court process will also affect the timetable.
For that reason, a solicitor should be cautious about promising that commercial premises can always be recovered within a set number of weeks.
Why does the reason for taking the premises back matter?
A landlord might want business premises back for several different reasons.
The tenant may have stopped paying rent. They may have breached another term of the lease. The lease may have reached the end of its term, or there may be another reason why the landlord believes possession should be returned.
Each situation can require a different legal approach.
For example, GOV.UK explains that where a commercial lease contains a forfeiture clause, a landlord may be able to end the lease early if the tenant fails to pay rent or breaches other lease obligations. Whether that right can actually be exercised depends on the lease and the circumstances.
This is why the question is not simply, “How quickly can I get the property back?”
The first question is, “What legal route applies to this lease?”
What happens if the tenant has breached the commercial lease?
A commercial lease creates obligations for both landlord and tenant.
If the tenant breaches one of those obligations, the landlord may have rights under the lease. In some cases, those rights can include forfeiture.
Forfeiture means bringing the lease to an end because of a breach where the lease gives the landlord a right of re-entry.
However, a landlord cannot assume that any breach allows immediate possession.
The wording of the lease matters. So does the type of breach.
Section 146 of the Law of Property Act 1925 places restrictions on enforcing a right of re-entry or forfeiture for many breaches of lease.
That is one reason it is sensible to have the lease checked before taking formal action.
When is a Section 146 notice needed?
For many breaches other than non-payment of rent, a landlord may need to serve a notice that complies with section 146 of the Law of Property Act 1925 before enforcing forfeiture.
The notice identifies the particular breach. Where the breach can be remedied, it must require the tenant to remedy it. The legislation also provides for compensation requirements where appropriate.
This stage can affect how long it takes to regain possession because the landlord may need to allow the tenant a reasonable opportunity to deal with the breach.
There is not one universal waiting period that applies to every breach.
What is reasonable can depend on the particular issue and the circumstances.
Is unpaid rent treated differently?
Potentially, yes.
Commercial rent arrears can give rise to different remedies and procedures from other breaches of lease.
A landlord considering action over unpaid rent should first establish what is actually owed and check the forfeiture provisions in the lease.
It is also important to consider whether anything has happened since the breach that could affect the landlord’s right to forfeit.
For example, actions taken after becoming aware of a breach can sometimes become legally significant.
This is an area where acting first and checking the position afterwards can be risky.
Can a landlord take commercial premises back without going to court?
In some circumstances, forfeiture of a commercial lease may be carried out through peaceable re-entry.
HM Land Registry’s guidance confirms that where a lease contains a forfeiture clause, forfeiture may take place through court proceedings or peaceable re-entry.
Peaceable re-entry can therefore appear to offer a faster route.
But it is not an option a landlord should use without first checking the legal position.
Whether it is appropriate can depend on the lease, the breach, the occupation of the premises and other legal restrictions.
If the landlord gets it wrong, the attempt to recover possession can become another dispute in itself.
What happens when court proceedings are required?
Where possession cannot or should not be recovered by another route, the landlord may need to start a possession claim.
Part 55 of the Civil Procedure Rules deals with claims for recovery of possession of land, including buildings and parts of buildings.
The court will need to understand why the landlord says possession should be returned.
Practice Direction 55A requires the particulars of claim to identify the property, state the ground on which possession is claimed and provide relevant information about the tenancy or other agreement.
Once a claim is issued, the tenant may respond.
If the tenant disputes the landlord’s case, further court steps may be needed before the matter can be resolved.
That can make the process substantially longer than an uncontested recovery.
Can the tenant challenge forfeiture?
Yes, depending on the circumstances.
A tenant may be able to apply for relief from forfeiture. Section 146 of the Law of Property Act 1925 contains provisions dealing with relief, and HM Land Registry also confirms that an interested person may apply to the court for relief after forfeiture.
This is important when estimating how long it may take to regain business premises.
Even if the landlord believes there has been a clear breach, the tenant’s response can affect what happens next.
A contested case is likely to involve more work than one where both sides accept the position.
What can make recovering business premises take longer?
Delays often arise when the legal position is unclear.
For example, the landlord may not have the full lease documents. There may be disagreement about whether a breach actually occurred. A notice may need to be served, or the tenant may dispute the landlord’s interpretation of the agreement.
Court proceedings can add further stages.
A tenant seeking relief from forfeiture can also affect the timetable.
The important point is that the quickest-looking option is not always the quickest route overall. Taking the wrong step can create a dispute that then has to be dealt with before possession can be resolved.
Can a solicitor make the process quicker?
A solicitor cannot control how quickly a tenant responds or how quickly the court deals with a contested case.
What they can do is establish the legal position at the beginning.
That can help avoid wasted time caused by using the wrong procedure, serving an incorrect notice or starting proceedings without the necessary documents.
The solicitor can review the lease, establish the basis on which you want possession and explain whether forfeiture, court proceedings or another route needs to be considered.
For a landlord who is already concerned about delay, that clarity can be valuable.
Onyx’s buyer research repeatedly identifies delays, unclear legal terms and uncertainty about what happens next as important concerns for commercial property clients.
What documents will your solicitor need?
Usually, the commercial lease is the most important starting document.
Your solicitor may also need any deeds or later amendments, correspondence with the tenant, rent statements, notices already served and evidence relating to the alleged breach.
If there is a specific deadline or something has recently happened at the premises, tell your solicitor about that too.
Providing the relevant documents early can make it easier to establish which route is available and what needs to happen next.
Should you change the locks yourself?
You should be cautious.
Although peaceable re-entry can be available in some commercial lease situations, that does not mean every landlord can simply attend the premises and change the locks.
The right to forfeit must exist, and the circumstances need to be considered before action is taken.
Getting advice first can help you understand whether the step you are considering is legally available.
What if the tenant simply refuses to leave?
If the tenant will not return possession voluntarily, the landlord may need to consider formal proceedings.
Part 55 provides the procedural framework for possession claims.
Whether a claim is appropriate will depend on why the landlord says the tenancy has ended and the tenant’s response.
If the court makes a possession order and the tenant still does not leave, further enforcement steps may also be required.
This is another reason the total timeframe can vary significantly from one matter to another.
When should you speak to a solicitor?
It is usually sensible to obtain advice before taking a step that could affect the lease or your right to possession.
That is particularly important before serving formal notices, accepting or demanding certain payments after a breach, changing locks or starting possession proceedings.
You do not need to know the legal route yourself before speaking to a solicitor.
Start with the lease, explain what has happened and make clear what you are trying to achieve.
The solicitor can then help establish what the document means and what needs to happen next.
Trying to gain back your business premises?
If you need to recover commercial premises from a tenant, the timeframe depends on the lease and the circumstances rather than a standard legal timetable.
The first step is to establish your right to possession and the correct process for exercising it.
That may involve dealing with a breach, serving the appropriate notice, considering forfeiture or starting possession proceedings.
Taking advice before acting can help you understand where you stand and avoid steps that could make the matter harder.
Your Next Step
Contact us today at 0121 268 3208 or via email at info@onyxsolicitors.com for a FREE consultation. Let us help you achieve the peace of mind that comes with having expert legal support on your side.
