If you are a landlord and you need to regain possession of your commercial property due to a dispute with your tenant, you must follow the correct procedure.

The specific requirements and procedures may vary depending on the circumstances and the court in which the claim is filed. Therefore, it is essential to consult with a solicitor when dealing with possession claims for commercial property.

We can assist landlords, property owners, and property management companies in enforcing their rights and reclaiming possession of their commercial premises.

For advice and help with the possession of commercial property, speak to our commercial property solicitors on 020 3417 3700 or fill in the online enquiry form.

Table of Contents

  1. What is a possession order for commercial property?
  2. What is CPR (Civil Procedure Rules) part 55?
  3. CPR 55 procedure in relation to the possession of the commercial property
  4. How to find a good solicitor to regain possession of a commercial property?
  5. Commercial property solicitors in London
  6. Frequently Asked Questions (FAQs)
  7. Need Legal Advice & Assistance?

What is a possession order for commercial property?

A possession order for commercial property refers to a legal order issued by a court that grants the landlord the right to take back possession of their commercial property from the tenant. This order is typically sought when the tenant has breached the terms of the lease or rental agreement, such as by failing to pay rent or violating other contractual obligations.

What is CPR (Civil Procedure Rules) part 55?

The Civil Procedure Rules (CPR) are a set of rules that govern the practice and procedure of civil litigation in England and Wales.

CPR Part 55 specifically deals with possession claims, including those related to commercial property. It outlines the procedural requirements and steps that must be followed when seeking a possession order.

CPR 55 procedure in relation to the possession of the commercial property

Under CPR Part 55, the process for obtaining a possession order for commercial property generally involves the following steps:

  1. Pre-action requirements
  2. Issuing the claim
  3. Service of the claim
  4. Tenant's response:
  5. Court hearing:
  6. Possession order

1. Pre-action requirements

Prior to commencing legal proceedings, the landlord must often comply with certain pre-action protocols, which may include providing notice to the tenant, attempting mediation, or engaging in other forms of dispute resolution.

2. Issuing the claim

The landlord initiates legal proceedings by filing a claim form with the court, specifically requesting a possession order under CPR Part 55. The claim form should include relevant details, such as the grounds for possession and any supporting evidence.

3. Service of the claim

The claim form must be served on the tenant, usually by delivering it in person or by post. Proper service is crucial to ensure the tenant is aware of the legal proceedings.

4. Tenant's response

Upon receiving the claim form, the tenant has a specified period to respond. They may file a defence, counterclaim, or seek additional time to respond.

5. Court hearing

If the tenant does not dispute the claim or a resolution cannot be reached, a court hearing will be scheduled. At the hearing, both parties present their arguments, and the judge decides whether to grant the possession order based on the evidence and legal merits of the case.

6. Possession order

If the court grants the possession order, it typically specifies the date by which the tenant must vacate the commercial property. If the tenant fails to comply with the possession order, further legal steps may be necessary to enforce it, such as applying for a warrant for possession or seeking assistance from bailiffs.

How to find a good solicitor to regain possession of a commercial property?

When seeking solicitors for possession of commercial property, it is essential to choose experienced professionals who specialise in property law, litigation and dispute resolution. They should have a deep understanding of the legal framework governing commercial properties in your jurisdiction and a track record of successfully handling similar cases.

At Wembley Solicitors, we have considerable experience and expertise in relation to regaining possession of commercial property and can advise on the options available to you.

We will quickly establish if you have a right to regain possession under your lease agreement, whether Alternative Dispute Resolution (e.g. mediation) may be suitable, or whether your best route is by following the Civil Procedure Rules (CPR 55) to regain possession through the courts.

We have assisted many commercial landlords across the UK to regain possession of their property. We understand that matters requiring possession are often urgent; hence we will do all we can to prioritise your case and regain what is rightfully yours.

Commercial property solicitors in London

Our commercial property solicitors based in Wembley, London can handle legal matters related to the eviction or repossession of commercial properties.

Our commercial property solicitors can assist with:

  • Eviction Proceedings
  • Lease Terminations
  • Rent Recovery
  • Dispute Resolution
  • Compliance with Legal Requirements
  • Court Representation

Eviction Proceedings

We can guide you through the legal process of evicting tenants or occupants from your commercial property. They will ensure that all necessary legal requirements are met, such as issuing proper notices, filing court applications, and representing you in eviction hearings.

Lease Terminations

If you need to terminate a lease agreement due to a breach of contract or other reasons, our solicitors can help you navigate the process. We will review the lease agreement, identify valid termination grounds, and advise you on the appropriate steps to take.

Rent Recovery

If tenants or occupiers fail to pay rent, our solicitors can assist you in recovering the outstanding amounts. They may send demand letters, negotiate payment arrangements, or initiate legal proceedings to obtain a judgment for the owed rent.

Dispute Resolution

Our commercial property solicitors can handle disputes that arise during the eviction process, such as disagreements over lease terms, breaches of contracts, or tenant claims. We will represent your interests and work towards resolving the dispute through negotiation or alternative dispute resolution methods.

Compliance with Legal Requirements

We ensure that your actions comply with relevant laws, regulations, and procedures concerning commercial property possession. We stay updated on the latest legal developments and advise you on how to proceed within the boundaries of the law.

Court Representation

In case legal proceedings are required, our commercial property solicitors can represent you in court. We will prepare and present your case, cross-examine witnesses, and advocate for your rights to secure a favourable outcome.

We provide legal advice and services to landlords and property owners in relation to obtaining possession of their commercial property. Call our commercial property solicitor today at 020 3417 3700 for more information about our services.

Frequently Asked Questions (FAQs)

Yes, in certain circumstances, it may be possible to stop or suspend a property possession order, but it depends on various factors and the specific details of the case. The court can suspend a possession to allow the defendant to show they can keep to regular payments or other terms.

However, if the landlord used a 'mandatory ground' to evict you then the tenant won't usually be able to suspend a possession order.

To apply for a possession order in the UK, follow these general steps:

  1. Serve a notice to quit or notice seeking possession
  2. Complete the appropriate court form
  3. Submit the court form along with supporting documents and pay the court fee
  4. Attend the court hearing
  5. Obtain the possession order

To make an accelerated possession claim in the UK, you can follow these general steps:

  1. Review the lease agreement to understand the terms & conditions
  2. Serve a Section 146 Notice (If the tenant has breached the lease agreement)
  3. Confirm eligibility for accelerated possession
  4. Complete and submit the N5B Form along with supporting documents and pay the court fee
  5. Await the possession order

It's important to note that commercial property possession claims can be complex, and the specific requirements and procedures may vary depending on the circumstances and the jurisdiction. It's highly recommended to seek legal advice from solicitors experienced in commercial property law to ensure compliance with all legal requirements and to navigate the process effectively.

Do you need legal advice or assistance with a commercial property lease? Our expert property solicitors are ready to help you. We're authorised and regulated by the Solicitors Regulation Authority (SRA), so you know you're in safe hands.

Contact our solicitor today to get legal advice and assistance with your legal matters.

You can call us on 02034173700 or leave your details here for a callback request regarding your legal matter.

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