If you are a landlord, either commercial or residential, and your tenant falls into rent arrears or otherwise breaches the terms of their lease agreement, you are entitled to apply to Court for either an order requiring the tenant to remedy the breach or for the Court to give you possession of the property, or indeed for both.
In residential tenancies the law is quite complex and you cannot apply to Court until you have served the appropriate notice, there being different notices for different circumstances.
In commercial tenancies a landlord can either serve what is called a Section 146 Notice on their tenant, which requires the tenant to remedy the breach within a short period of time, or the landlord can commence what are called "forfeiture proceedings” against the tenant. That is an application to the court which, if successful, will bring the tenancy to an end and is the first step towards you regaining possession of your property.
The law surrounding landlord & tenant issues is complex and there are penalties for landlords if they go about things in the wrong way. If you have a landlord & tenant issue, therefore, please contact our Property Litigation team before you take any action.
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