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senior partner, Solicitor
Category: UK Property Law
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Experience:  30 years commercial law
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I have a question on a business lease - Forfeiture has taken

Resolved Question:

I have a question on a business lease - Forfeiture has taken place - however at the time of the forfeiture, the tenant was on the property, she was asked to leave and she did leave. the bailiffs asked her told her she had 7 days to collect her goods in front of a police officer. she did not contact the bailiffs accusing them of harassment although I told she had to make arrangements with them as they were the key holders. Had forfeiture taken place correctly.

thank you.
Submitted: 1 year ago.
Category: UK Property Law
Expert:  senior partner replied 1 year ago.
Thank you for your question. yes forfeiture seems to have taken place correctly. You simply have to given notice and reenter into possession which has been done by the bailiffs. If the tenant fails to collect the goods and you are no distraining on them for rent then you should give reasonable notice to remove them otherwise you will dispose of them .

What else do you wish to know?
Customer: replied 1 year ago.


Thank you for your reply.


 


when you say that you simply have to give notice and then re - enter , do you mean that she must have been informed that I was going to take forfeiture.


 


Asking the tenant to leave at the time of forfeiture, would that be considered peaceful re-entry?


 


and giving her verbal notice instead of written to collect within 7days - is that sufficient .


 


Regarding collection of her goods, sending an email to me saying I want all my goods back, instead of making proper arrangements with the bailiffs, because she did not want to deal with them, do I have a right to ignore her emails because she was given proper procedure at the time


 


thank you


 

Expert:  senior partner replied 1 year ago.
Hi this depends upon the reason for forfeiture - if it was non payment of rent then provided the lease allowed forfeiture then you do not need to give notice you can just go in and distrain for rent.

If it was for breach of covenant then you have to give written notice beforehand in accordance with s146 of the Law of Property Act.

Unless you are distraining on her goods then yes you have to give notice before disposing of them.




Customer: replied 1 year ago.


Forfeiture was for non payment of rent. I'm really concerned about the other issues that I had raised after forfeiture, as listed above.


 

Expert:  senior partner replied 1 year ago.
Well if it was for rent it is no problem as you are entitled to enter and distrain on her goods. You don't need to give notice and it is fine to enter with the bailiffs . If the tenant left voluntarily that is fine. If there are rent arrears why are you not selling off the goods? Or have you now recovered ? You are entitled to dispose of her goods unless she pays the arrears. If you have used certified bailiffs there is no problem.
Customer: replied 1 year ago.


I understand that if I took forfeiture, I have no rights over her goods and I have to allow her to collect to collect her possessions within a specified time. if she does not claim, I can then dispose of them.

Expert:  senior partner replied 1 year ago.
yes if you exercise the right of forfeiture you cannot then also distrain. What you need to do now is to serve a notice on the tenant telling them that they have to collect the goods or you will dispose of them. That is the correct procedure
Customer: replied 1 year ago.

Does the notice have to be written or can it be verbal.
Expert:  senior partner replied 1 year ago.
It has to be in writing to comply with the legislation . you must specify a reasonable period before you will sell which ought to be a month. So you can specify when to collect in say 7 days and that if not collected you will sell 30 days afterwards.
Customer: replied 1 year ago.

Thank you
Expert:  senior partner replied 1 year ago.
Ok good luck getting this resolved
senior partner, Solicitor
Category: UK Property Law
Satisfied Customers: 13255
Experience: 30 years commercial law
senior partner and other UK Property Law Specialists are ready to help you

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