This is the third and final article in our series on commercial tenant eviction. Part 1 explains the foundations of forfeiture, Section 146 notices and the early strategic decisions that determine whether you can lawfully bring a commercial lease to an end. Part 2 examines possession claims under CPR Part 55 and the impact of the Landlord and Tenant Act 1954 on renewal, opposition and tenant defences.
This final part brings the process to its conclusion. It explains how possession orders are enforced, why repair-related breaches require particular care and the practical steps you should take before beginning any eviction strategy.
At this stage, timing, evidence and procedural accuracy become critical. A mis-served notice, an inconsistent stance on redevelopment or a poorly planned enforcement strategy can undermine an otherwise strong case. This article sets out the issues that most often cause delay and the steps you should take to avoid them.
Summary
This guide covers:
- County Court and High Court Enforcement
- The Overlooked Issue: Repair Breaches and the Leasehold Property (Repairs) Act 1938
- Practical Checklist Before Starting the Process
County Court and High Court Enforcement
Once you have obtained a possession order, the final stage is enforcement. The route you choose depends on urgency, cost and the level of resistance you expect. County Court bailiffs are the default enforcement route, but their availability varies and waiting times can be significant.
In time-sensitive cases, you may apply to transfer enforcement to the High Court. High Court enforcement officers can often act more quickly and with greater flexibility, which is why many landlords consider this route where appropriate. The High Court route is not automatic and usually requires permission, but where granted it can reduce delay and provide a more predictable timetable for regaining possession.
Enforcement timing varies widely. Even after a possession order is made, delays can arise if your tenant resists, applies for relief from forfeiture or raises last-minute arguments. A tenant may also try to reopen issues already determined by the court or raise new allegations of disrepair or breach of quiet enjoyment. Planning enforcement early helps you avoid unnecessary delay.
You should consider the practicalities of securing the premises, changing locks and managing any goods left behind. You should also anticipate potential applications by the tenant and ensure that your evidence is ready to respond. In some cases, you may need to coordinate enforcement with security contractors, locksmiths or managing agents to ensure the property is secured safely and without disruption to neighbouring occupiers.
If your tenant applies for relief from forfeiture after judgment, the court may pause enforcement while the application is considered. This can create further delay, particularly where the tenant alleges disrepair or raises counterclaims that were not resolved earlier in the proceedings. You should therefore approach enforcement with a clear understanding of the possible challenges and ensure that your evidence and documentation are complete, consistent and ready to be produced at short notice.
The Overlooked Issue: Repair Breaches and the Leasehold Property (Repairs) Act 1938
In some repair-breach cases, the Leasehold Property (Repairs) Act 1938 may give the tenant additional protection. Where the Act applies, the tenant may be able to serve a counter-notice, which can restrict the landlord’s ability to proceed without the court’s permission. This can affect the timing and strategy of forfeiture for disrepair and may introduce an additional procedural stage.
Repair-related breaches also frequently lead to counterclaims, which can complicate possession proceedings and increase costs. Your tenant may allege that you have failed to comply with your own repair obligations or that the disrepair complained of is historic or exaggerated. These arguments can prolong proceedings and may influence the court’s approach to relief from forfeiture.
You should approach repair-based forfeiture with caution and ensure that your evidence is clear and comprehensive. Surveyor reports, photographs, schedules of condition and correspondence should be gathered early to avoid disputes later. A clear evidential record also strengthens your position if the tenant seeks to argue that your own conduct contributed to the alleged disrepair.
Practical Checklist Before Starting the Process
Before you take any step toward commercial tenant eviction, enforcement or renewal opposition, work through a clear, structured checklist. This reduces risk, avoids procedural mistakes and ensures that your strategy is legally and commercially sound.
- Review the lease carefully.
- Confirm whether the tenant has protection under the Landlord and Tenant Act 1954.
- Identify the breach clearly and gather evidence.
- Check whether a Section 146 notice is required and ensure it is served correctly.
- Avoid waiver by refraining from conduct that recognises the continued existence of the lease.
- Consider whether peaceable re-entry is lawful and sensible.
- Prepare for potential tenant defences.
- Plan enforcement, not just judgment.
- Consider the practicalities of securing the premises and managing goods left behind.
- Ensure that all correspondence, notices and evidence are stored in a clear and accessible format.
Commercial Lettings Advice
Commercial eviction reaches its most sensitive stage once a possession order has been made. Enforcement, repair-related disputes and applications for relief from forfeiture often arise late in the process and can cause delay if not handled with care. These are the points at which timing, evidence and consistency matter most.
Witan’s commercial property disputes solicitors advise landlords across England and Wales on end-stage eviction issues, including enforcement strategy, High Court transfer applications, relief from forfeiture risks and disputes involving repair obligations or the Leasehold Property (Repairs) Act 1938. We can review your lease, assess your evidence and help you plan a clear and defensible route to regaining possession.
You can contact Witan Solicitors through our online enquiry form or by calling 0300 303 2071.
FAQs
What happens after a possession order?
After a possession order, the landlord must consider enforcement. This may involve County Court bailiffs or, where appropriate and permitted, transfer to the High Court for enforcement by High Court enforcement officers.
What is the difference between County Court and High Court enforcement?
County Court bailiffs are the default enforcement route and availability can vary. High Court enforcement officers can often act more quickly, but transfer usually requires permission and should be considered in light of urgency, cost and risk.
Can a tenant apply for relief from forfeiture after judgment?
Yes. A tenant may apply for relief from forfeiture even after judgment. The court may pause enforcement while the application is considered, so landlords should keep evidence, notices and correspondence ready.
Why are repair breaches more complicated?
Repair breaches may involve additional statutory protections, technical evidence and counterclaims. Where the Leasehold Property (Repairs) Act 1938 applies, a counter-notice may restrict the landlord’s ability to proceed without the court’s permission.
What should landlords do before starting the process?
Landlords should review the lease, confirm 1954 Act status, identify the breach, gather evidence, avoid waiver, consider whether peaceable re-entry is lawful and plan enforcement from the start.
