Forfeiture of Lease

The first step to take is to check that there is in fact no one physically present on the property who is likely to oppose re-entry by our Enforcement Agents. If there is, then re-entering the premises in such circumstances is likely to constitute a criminal offence.

When changing the locks to effect forfeiture

Forfeiture is a final and positive act by the landlord and cannot be retracted. The action taken to effect re-entry must, therefore, be a clear and unambiguous demonstration that forfeiture has occurred and the act of forfeiture must be brought to the attention of the tenant by way of the notice. The notice by itself is not enough but changing the locks is clearly a full and final statement of intent on the part of you as landlord that your tenants’ lease is at an end.

Provided that our Enforcement Agents are satisfied that there is no one in the premises they will then need to effect actual physical entry into the property and change the locks. The Enforcement Officers must also leave a prominent notice, generally affixed to the door of the premises, indicating that as agents on behalf of the landlord, they have changed the locks and forfeited the lease by peaceable re-entry and that from the date of re-entry your defaulting tenants’ lease is considered to be at an end.

Our Recovery Account Managers can arrange third party contractor professional locksmiths to attend with our Officers to enter the premises and re-secure the property.

Additional services provided by Debt Squared Group partnering with qualified third party contractor specialists include;

• On-site auctioneer asset valuations
• Controlled supervised access
• Site clearances, including sale and/or disposal