Burlington can help landlords recover possession of premises from commercial tenants where the tenancy agreement has been breached by the tenant as a result of non-payment of rent or other terms of the lease.
We provide a 24 hour response service and offer full nationwide coverage on a fixed fee basis. Our strategic partnerships with Master Locksmith Association locksmiths also allow us to pass on disbursements at very competitive rates.
Most commercial leases contain provisions relating to the landlord’s right to forfeit the lease after a certain period if the tenant fails to make payment.
Forfeiting the lease (and effectively repossessing the premises) is an alternative to instructing Enforcement Officers to recover rent arrears where there is either little prospect of recovery or where the landlord no longer wishes to retain a tenant. The two methods cannot be used for the same breach of the tenancy agreement so the landlord will need to decide which method is most desirable.
We will attend as soon as possible and, in most cases, within 24 hours. Since we cannot forcibly require any occupants to leave the premises, we will generally attend outside usual trading hours. Once we have gained entry we will change the locks to all doors, post the relevant notices and will supply keys to the nominated keyholder.
Once instructed we will arrange to attend with a locksmith. Upon gaining entrance to the premises, we will post notices to confirm that the premises have been repossessed by the landlord. We will also make an appraisal of the premises to include within our final report.
Once the premises are secured we will send keys to the landlord or landlord’s agent, according to our instructions. We can also advise on long-term security requirements and the provision of screening and alarms if necessary. We can also reattend to provide supervised access to the tenant for removal of any possessions.
Our fees are fixed and agreed with the client prior to attendance. The typical costs associated with this service are a fee to Burlington of £375+VAT for executing the forfeiture and then the locksmith costs to go on top. Please note that this service can only be utilised on a purely commercial lease. For “mixed-use” premises you will need to take legal action to obtain a possession order for the property. We can also give an indication of locksmith charges, but these will usually vary dependant upon the type and number of locks we are required to change.
You will only be able to forfeit the lease if the lease specifically allows for this to happen. You will also need to ensure that the required period has passed before instructing Burlington to take action.
You will need to grant access to the tenant to collect any possessions from the premises. If the tenant fails to claim possessions left on site you may need to store them for a period and provide appropriate notice to the tenant.
It is often worth considering extra security measures to secure the premises against re-entry by the tenant. If the premises are likely to remain unoccupied for any length of time, a landlord should also consider protecting the property against trespassers/squatters.
To instruct us please complete this online instruction form.
If your tenant is in arrears but you do not wish to forfeit the lease and lose the tenant completely, you may want to consider instructing Burlington to collect the rent arrears. As Enforcement Officers, we are able to seize the tenant’s goods if payment of the rent is not made.