In circumstances where commercial tenants are in breach of covenant, and where rent arrears cannot be recovered, the landlord can exercise the common law remedy of forfeiture. Swift can take possession of the premises immediately and secure them without recourse to the courts.
All warrants emailed by 1pm will be executed the very same day.
Each of our clients has full real-time access to their cases via our secure in-house case management system which can be customised to suit any requirements.
What can we offer?
- The appointment of a reputable locksmith to attend repossession
- Drafting of repossession and bailee notices
- A full inventory of goods supported by digital photographs which are emailed within 24 hours
Frequently Asked Questions (FAQs)
- Does the landlord require a court order for commercial premises?
- The landlord does not require a court order for commercial premises, as the landlord has the common law right to take peaceful re-entry.
- How soon can Swift take possession once instructed?
- Within 24 hours of instruction.
- What is the cost?
- £500.00 (plus VAT) which covers drafting of repossession notice, bailee notice, full inventory of goods and digital photographs plus Locksmith charges.
- Can you please explain the process?
- An enforcement agent would attend the premises with a locksmith (outside normal trading times) to gain access and change the locks, then contact the local police. A full inventory will be taken of the goods inside the property as well as taking photographic evidence. They will also note the meter readings if visible. We will post notices confirming that the premises have been repossessed by the landlord. Upon completion, the enforcement agent will hand deliver the keys locally or send them to the instructed address by registered post.
- What happens to the goods inside the property?
- A Bailee Notice is displayed at the premises advising the tenant/whom it may concern that they must contact the landlord by a set date (normally seven to 14 days) to arrange the collection of the goods.
- Can I keep the goods if the tenant owes rent?
- No. The goods belong to the tenant and they are entitled to remove them from site.
- What if the tenant does not contact me to collect the goods?
- In accordance with the Bailee Notice, once the date has expired and no contact has been received, you will be able to remove the goods and sell them at auction. However, you can only recover the removal and auctioneer's costs from the proceeds of the sale.
- Can I instruct you to use both CRAR and Peaceful Forfeiture at the same time?
- No. The two methods cannot be used for the same breach of the tenancy agreement so you will need to decide which method is most desirable.