Possession of Commercial Property

Before making a claim for commercial property possession, carefully review the lease agreement to understand the terms and conditions related to ending the lease and reclaiming possession.

To reclaim possession, you must have valid grounds, which may include non-payment of rent or breach of lease terms.

It is advisable to obtain legal advice from experienced commercial lease solicitors to ensure compliance with all procedural requirements and to strengthen the case.

If you find yourself needing to reclaim your property, call our commercial lease solicitor at 0203 959 7755 to make a claim for commercial property possession.

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What is CPR (Civil Procedure Rules) part 55?

If you find yourself needing to reclaim your property, are you familiar with CPR 55?

CPR 55 refers to the Civil Procedure Rules Part 55, which outlines the legal procedures for landlords to regain possession of commercial property.

Using CPR 55 is a detailed legal journey for commercial property repossession. It needs thought and prep. Knowing every step and having legal pros by your side means landlords get their property back with ease.

Legal grounds for possession of commercial property

Understanding the legal grounds for claiming possession of commercial property is key.

These range from rent non-payment to lease breaches, its expiry, or violations. For the best result, talk with a commercial lease solicitor to assess and present your case correctly.

1. Non-payment of Rent
2. Breach of Lease Terms
3. Expiration of Lease

Non-payment of Rent

Failure to pay rent is a top reason for seeking possession. If a tenant consistently doesn't pay, you can take legal steps. This includes recovering rent and possibly getting back your property.

Breach of Lease Terms

Violating the lease can give you grounds for eviction. This might happen if a tenant sublets without permission or makes unauthorised changes. Showing these breaches allows you to reclaim your property through legal means.

Expiration of Lease

At the end of a commercial lease, you can get your property back. Proper legal steps and giving the tenant adequate notice are crucial. Failing to do so might lead to delays and legal issues.

Claim form for possession of commercial property

As a landlord or property owner in England or Wales, you can use Form N5 with ‘Particulars of Claim’ to make a claim for possession of a commercial property.

CPR 55 procedure for possession of commercial property

The CPR 55 process details how to gain back commercial premises. It starts with launching a claim, passing it to the tenant, court visits, getting orders, and enforcing these orders if needed. Navigating this legally complex procedure is best done with professional legal assistance.

The CPR 55 procedure for possession of commercial property in the UK involves several key steps:

• Pre-Action Considerations
• Service of Notice
• File a Claim Using Form N5
• Serve Claim & Tenant’s Response
• Court Hearing
• Court Decision
• Enforcement of Possession Order

Pre-Action Considerations

Before making a claim ensure that all conditions and notice requirements specified in the commercial lease agreement have been met.

Service of Notice

Serve the appropriate notice to the tenant as specified in the commercial lease agreement. This could be a Section 25 notice for termination of a business tenancy under the Landlord and Tenant Act 1954 or another relevant notice as per the lease terms.

File a Claim Using Form N5

Complete and file a Claim Form (N5) along with ‘Particulars of Claim’ for possession of property to the court. This form initiates the court process.

You must include information such as the terms of the lease, the notice served, and the grounds for seeking possession.

Serve Claim & Tenant’s Response

Serve the claim form and particulars on the tenant. The tenant must acknowledge receipt of the claim form within 14 days.

If the tenant wishes to defend the claim, they must file a defence within 14 days of the acknowledgement of service. They may also counterclaim if applicable.

Court Hearing

After filing a claim, a full possession hearing will be scheduled where both parties can present their case in court. Evidence and witness testimonies may be provided.

Court Decision

If the court finds in favour of the landlord, it will issue a possession order. This could be an Outright Possession Order or a Suspended Possession Order.

Outright Possession Order requires the tenant to vacate the property by a specific date.

A Suspended Possession Order allows a tenant to remain in the property under certain conditions.

The court may order the tenant to pay the landlord’s legal costs. The amount recoverable depends on the complexity of the case and the conduct of both parties.

Enforcement of Possession Order

If the tenant does not vacate the property as ordered, the landlord can apply for a warrant of possession (N325), allowing court bailiffs to evict the tenant.

Why choose Moeen & Co. Solicitors

Successfully pursuing commercial property possession requires extensive legal knowledge. It's advised to seek support from legal experts like Moeen & Co. Solicitors. Such support increases your success odds and protects your rights as a property owner.

At Moeen & Co. Solicitors, we excel in guiding clients through the UK's intricate commercial property laws.

Our team possesses vast experience, ensuring your rights are fully protected. We offer bespoke solutions for landlords or tenants facing possession issues. This personalised service is aimed at meeting your specific requirements.

At Moeen & Co. Solicitors, we have:

• an experienced team of commercial lease solicitors.
• comprehensive understanding of the legal complexities.
• personalised approach tailored to your needs.
• proven track record of successful outcomes.
• excellent client service and communication.

If in a situation needing property possession, call Moeen & Co. Solicitors today at 0203 959 7755 or fill online enquiry form. Our expert team of commercial lease solicitors in Hayes, London will assist in achieving a positive outcome.

How to contact Moeen & Co. Solicitors

FAQs: Possession of commercial property