At West Country Bailiffs, we help landlords across the South West and nationwide regain possession of commercial property where tenants have breached their lease, most commonly for non-payment of rent.
This month, our team completed a forfeiture of a commercial lease in Taunton to regain possession of commercial property, offering a great real-world example of how the process works.
Case Study: Forfeiture of Commercial Lease in Taunton to Regain Possession of Commercial Property
Our client instructed us to regain possession of commercial property in Taunton after the tenant failed to pay rent. Because the breach related to non-payment, no prior notice (such as a Section 146 Notice) was required, allowing us to act immediately under the lease’s forfeiture clause through peaceable re-entry.
One of our experienced certificated enforcement agents, accompanied by an accredited locksmith, attended the property. The locksmith gained entry, and the unit was found in a poor condition with rubbish and goods left inside.
Our agent affixed the forfeiture and TORTs notices to the door, covering all goods remaining in the property. The locks were changed to secure the premises, and a walkthrough video was completed for the landlord — a service we provide as standard so clients can see the exact condition of their property after recovery.
The property was left safe, secure, and legally repossessed, with new keys delivered to the nominated contact.
🎥 You can view the walkthrough video below.
Frequently Asked Questions About Forfeiture of Commercial Lease
How to Regain Possession of Commercial Property Effectively
1. What is forfeiture of a commercial lease?
Forfeiture is the legal process allowing a landlord to terminate a commercial lease when the tenant breaches the lease terms — typically for non-payment of rent or other serious breaches such as misuse or damage. This ends the lease and removes the tenant’s right to occupy the premises.
2. Can a landlord forfeit a lease without going to court?
Yes — if the lease includes a forfeiture clause and the breach is non-payment of rent, the landlord can take back possession by peaceable re-entry without going to court.
For other breaches, a Section 146 Notice must be served, giving the tenant the opportunity to remedy the issue before any further action is taken.
3. What is a Section 146 Notice?
A Section 146 Notice is a legal document served on the tenant before forfeiture for breaches other than rent arrears. It outlines the breach and allows time to fix it before the landlord proceeds to terminate the lease.
4. What happens after a commercial lease is forfeited?
Once forfeiture is carried out, the landlord has regain possession of commercial property. The tenant no longer has any right to occupy but may still be liable for unpaid rent or damages under the lease.
5. What is a TORTs Notice and why is it displayed?
After forfeiture, our enforcement agents display a TORTs (Torts (Interference with Goods) Act 1977) notice at the property. This informs the tenant that their goods must be collected within a specified period — usually seven days.
If the goods aren’t collected, they may be sold or disposed of to recover costs. This protects both the landlord and tenant legally.
6. Can the tenant collect their belongings after forfeiture?
Yes. We allow supervised access during the TORTs notice period so the former tenant can collect their belongings safely and lawfully. All access is prearranged and monitored by one of our enforcement agents.
Need Help To Regain Possession of Commercial Property?
If you’re dealing with a tenant in arrears or a breach of lease, our team can act within 24–48 hours of instruction to regain possession lawfully and professionally.
📞 Call us today on 01803 895441
🌐 Visit: www.westcountrybailiffs.co.uk
📧 Email: enforcement@westcountrybailiffs.co.uk
West Country Bailiffs – Professional. Experienced. Effective.
