Q. I am the landlord of shop premises in Frederick Street and want to evict the tenant out as she has not paid the rent for over 2 months. How do I get my shop back as quickly as possible?
A. By effecting what is called a "peaceable re-entry" which you would do by:
- Changing the locks of the shop when there is no-one in the building and
- Leaving a notice on the door explaining that the landlord has changed the locks and forfeited the lease by peaceable re-entry for non-payment of rent and stating that as from the date of the re-entry the lease is considered to be at an end.
This procedure can only be used where your lease contains a clause allowing this and where the premises are purely commercial (it would not work therefore if the premises comprised a shop with a flat above). Furthermore, if there is anyone physically present on the property who opposes your re-entry, changing the locks and re-entering the premises is likely to constitute a criminal offence. Therefore it is best to re-enter after at night (after the shop has closed).
If the re-entry is held to be wrongful, then this will expose you to a damages claim for trespass. It is vital therefore that you obtain the advice of an expert before proceeding.
For specialist advice contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey Solicitors have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk. Be Guided by the Experts.
