Commercial Eviction Proceedings

Commercial eviction proceedings can be highly disruptive for both landlords and tenants. Whether due to rent arrears, breach of lease terms, or the expiry of a tenancy, resolving these disputes quickly and lawfully is essential to protecting your commercial interests. At Stretton Legal Services, we provide practical, strategic legal advice to landlords navigating the complex process of removing a tenant from commercial premises — ensuring full compliance with legal requirements and minimising delays, costs, and risks.

Commercial eviction, also known as forfeiture of lease, is the legal process a landlord may use to regain possession of a business property when a tenant has failed to meet lease obligations. This could include non-payment of rent, subletting without permission, or damaging the premises. While landlords have a legal right to take action, the process is governed by strict rules and any misstep can lead to costly delays or legal liability. That’s why it’s vital to seek professional advice before proceeding.

Before commencing eviction proceedings, a landlord must establish legal grounds under the terms of the lease. In most cases, this begins with the service of a Section 146 Notice, which informs the tenant of the breach and gives them a chance to remedy it. If the breach is not resolved, the landlord can then pursue forfeiture through peaceable re-entry (where legally permitted) or court proceedings. If handled incorrectly, however, landlords risk claims of unlawful eviction or damages — so it is essential to proceed with caution and legal support.

When a tenant contests the eviction, the matter may escalate to court. This involves filing a claim for possession, presenting evidence of the breach, and often attending a hearing. Courts tend to scrutinise whether the landlord followed the correct process and whether the tenant has any legal defences, such as relief from forfeiture. Our solicitors prepare robust legal arguments, draft all required documentation, and represent clients throughout proceedings to secure timely and effective possession orders.

Not all commercial eviction cases need to end in court. In some instances, early negotiation or alternative dispute resolution (ADR) can help resolve issues swiftly and preserve business relationships. At Stretton Legal Services, we assess every case on its merits and advise whether an out-of-court settlement is in your best interests. We also help clients review and strengthen lease agreements to prevent future breaches and reduce the risk of disputes altogether.

If you’re a landlord facing issues with a commercial tenant, don’t leave the outcome to chance. At Stretton Legal Services, we combine expert knowledge of commercial lease law with a results-driven approach to help you resolve eviction matters quickly, lawfully, and cost-effectively. Contact us today for a consultation and protect your property interests with confidence.