Q. I am a landlord of shop premises and the tenant is in arrears of rent. What is the quickest way I can get the tenant out, as I have another potential tenant ready to take over?
A. A landlord can terminate a lease of commercial premises for rent arrears either by taking court proceedings or by "peaceable re-entry" (i.e. entering the property and changing the locks). Peaceable entry is the quickest way of proceeding as it can be done immediately. However, it cannot be used where someone is living in some part of the leased property - for example staying in a flat above a shop - in which case you would have to take court proceedings.
Q. The property is a downstairs shop and no one lives there. How do I go about changing the locks?
A. Firstly, you should change the locks on the premises when there is no-one in the building (at night is best). This is because, if there is anyone physically present on the property who tries to prevent you from entering the shop and you proceed, you are at risk of committing a criminal offence. Secondly, you must leave 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 from the date of the re-entry the lease is considered to be at an end.
Whilst this is very straight forward, there are some potential issues to be wary of. For example, if the peaceable re entry is held to be wrongful, it may expose the landlord to a damages claim for trespass. Furthermore, if there are any tenant's goods in the property at the time of the re-entry, the landlord may find itself responsible for these goods as an involuntary bailee.
We therefore suggest that you arrange an appointment in order that we can consider fully your circumstances and give you appropriate advice before you proceed.
