Common-Law-Forfeiture - More Information

In the case of Common-Law-Forfeiture the re-entry must be peaceable. Thus, where the tenant has ceased trading and vacated the premises, the bailiff accompanied by locksmiths, can simply attend the premises, gain entry and change all necessary locks and ensure the premises are secured. This often entails boarding up broken windows etc. A "Forfeiture Notice" should also be posted in prominent positions informing the ex-tenant and any other interested parties of the action which has been taken.

The situation can be much more difficult, however, where the tenant remains in occupation and continues trading, but because there is little or no value in the goods on the premises, plus a poor history of arrears, the landlord insists on his right to forfeit. In this case to ensure that the re-entry is peaceable it is essential to carry out the exercise when the premises are unattended, for example, early morning or late evening. This will avoid the possibility of any physical contact between the Bailiff and the tenant. In certain instances it is also advisable to inform the local police of the action being taken and to take an inventory and/or photographs of any goods, which maybe found therein.

Where a re-entry is effected, the tenant has the right to apply relief from forfeiture but must be in a position to pay all outstanding rent and charges.

In the event that the tenant does not apply for relief to either the landlord or the Court, the landlord must allow a reasonable time to elapse before re-letting.

We hope the above resume of the law and practice relating to distress will persuade you and your clients to adopt this method of recovering arrears of rent in the future.

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If you have any questions, please contact us.