Commercial Tenant Eviction Specialists
Quick answer: Commercial tenants are not evicted with a Section 8 notice. To evict a commercial tenant, a landlord usually forfeits the lease, either by peaceable re-entry (changing the locks when the premises are empty) or through court proceedings. Where the tenant has security of tenure under the Landlord and Tenant Act 1954, a Section 25 notice on a statutory ground may be needed. Unpaid rent can also be recovered through CRAR. For residential lets, see our tenant eviction service and landlord dispute advice.
Expert solutions for swift and stress-free Commercial eviction
Commercial eviction are inherently more complicated than residential evictions, often involving extra steps and paperwork. We understand the complexities and legalities of the process of conducting commercial eviction, and are here to provide guidance in these troublesome situations.
Our experienced paralegals and eviction specialists will provide clear and transparent advice tailored to the specifics of your case. Through personalised consultations, we will answer your questions, address your concerns and develop a customised strategy for regaining control of your property, as covered with our 100% guaranteed eviction rate.
Commercial Eviction Enquiry
Faced with a legal issue that doesn’t neatly fall into one of the above boxes?
We offer a more bespoke consultation service that aims to take some of the day-to-day stress out of managing your rental properties. Our legal team is on-hand to help craft a bespoke roadmap to keeping your properties compliant and well-managed, your tenants happy and your landlord experience smooth.
Get in touch with us at info@first4landlordadvice.co.uk to arrange a discussion about our legal services, or call our helpline at +44 330 043 0034.
How to Evict a Commercial Tenant: Your Options Explained
Commercial tenant eviction follows completely different rules from residential lettings. Business tenancies are not covered by Section 8 or the Renters’ Rights Act, so the right route depends on your lease, the reason you want possession and whether the tenant has protection under the Landlord and Tenant Act 1954.
Forfeiture for breach or arrears: if the lease contains a forfeiture (re-entry) clause and the tenant has broken a covenant or fallen behind with rent, you may be able to end the lease. For rent arrears, this can be done by peaceable re-entry, changing the locks when the premises are empty, or by a court claim. For other breaches, you normally need to serve a Section 146 notice first, giving the tenant a reasonable chance to put things right.
Ending a protected lease: where the tenant has security of tenure, the lease does not simply end on its expiry date. You must serve a Section 25 notice between 6 and 12 months before the termination date and, if you oppose a new lease, rely on one of the statutory grounds, such as redevelopment or occupying the premises yourself.
Recovering arrears without ending the lease: Commercial Rent Arrears Recovery (CRAR) lets enforcement agents take control of the tenant’s goods once at least 7 days’ rent is owed, after 7 clear days’ notice.
Mistakes, such as accepting rent after a breach or re-entering while someone is on site, can waive your right to forfeit or expose you to a claim. Before you act on how to evict a commercial tenant, speak to us. For residential properties, see our tenant eviction service or our landlord dispute advice.
Commercial Eviction FAQs
How to evict a commercial tenant: what are the options?
It depends on the lease and the reason. For rent arrears or other breaches, landlords usually forfeit the lease if it contains a forfeiture clause, either by peaceable re-entry or by a court possession claim. If the tenant has a protected lease under the Landlord and Tenant Act 1954 and the lease is ending, the landlord must serve a Section 25 notice and rely on a statutory ground to stop a renewal.
Do I need a court order to evict a commercial tenant?
Not always. If the lease has a forfeiture clause and the premises are empty, a landlord may be able to re-enter peacefully by changing the locks. If anyone is on the premises, or the property includes residential accommodation, you should go through the court to avoid committing an offence.
What is CRAR?
Commercial Rent Arrears Recovery (CRAR) lets a landlord of purely commercial premises use enforcement agents to seize and sell the tenant’s goods to recover unpaid rent. At least 7 days’ rent must be owed and the tenant must get at least 7 clear days’ notice before enforcement. Using CRAR does not end the lease.
What is a Section 25 notice?
A Section 25 notice is served by a landlord under the Landlord and Tenant Act 1954 to end a protected business tenancy. It must be served between 6 and 12 months before the termination date and either propose terms for a new lease or state the grounds on which the landlord will oppose a renewal.
Can a commercial tenant get back in after forfeiture?
Yes, a tenant can apply to the court for relief from forfeiture, usually by paying all arrears and costs or putting right the breach. Courts often grant relief where the tenant does this promptly, so it is important to forfeit correctly and keep clear records.