Search
Close this search box.

Commercial forfeiture instruction form

Lease forfeiture

In circumstances where commercial tenants are in breach of covenant and the lease allows, and where rent arrears cannot be recovered, the landlord can exercise the common law remedy of forfeiture. We can take possession of the premises peacefully and secure them without recourse to the courts. Possession needs to be done peacefully without opposition or resistance from the tenant so is usually carried out at night or early in the morning. The landlord cannot seize the tenants stock and commercial forfeiture cannot be used when the landlord has already attempted to collect any arrears using CRAR. What can we offer?
  • The appointment of a reputable locksmith to attend repossession
  • Drafting of repossession and bailee notices
  • A full inventory of goods supported by digital photographs which are emailed within 24 hours
Please complete the form below and a member of our specialist team will be in touch with you. If you require help filling up the form or have any other type of judgment or particular needs for our transfer up service, please contact evictions@marstonrecovery.co.uk or call us on 0333 0148 492
Edit Content
Edit Content

The landlord does not require a court order for commercial premises, as the landlord has the common law right to take peaceful re-entry.

Edit Content

Usually within 24 hours of instruction.

Edit Content

An enforcement agent would attend the premises with a locksmith (outside normal trading times) to gain access and change the locks. A full inventory will be taken of the goods inside the property as well as taking photographic evidence. They will also note the meter readings if visible. We will post notices confirming that the premises have been repossessed by the landlord. Upon completion, the enforcement agent will deliver the keys locally or send them to the instructed address by registered post.

Edit Content

If instructed a Notice is prepared and displayed in accordance with Torts (Interference with Goods) Act 1977at the premises advising the tenant/whom it may concern that they must contact either us or the landlord by a set date (normally seven to 14 days) to arrange the collection of the goods.

Edit Content

No. The goods belong to the tenant and they are entitled to remove them from site.

Edit Content

In accordance with theTorts (Interference with Goods) Act 1977, once the date has expired and no contact has been received, you will be able to remove the goods and sell them at auction. However, you can only recover the removal and auctioneer’s costs from the proceeds of the sale.

Edit Content

No. The two methods cannot be used for the same breach of the tenancy agreement so you will need to decide which method is most desirable which was recently clarified in Thirunavukkrasu v Brar & Brar [2018] EWHC 2461 (Ch).

Edit Content

No we cannot as in the case of Pirabakaran v Patel & Patel [2006] 26 May CA, [2006] EWCA Civ 685. The tenant had a shop with a flat above in which he lived and was a business tenancy within Landlord & Tenant Act 1954. When he fell behind with his rent the landlords forfeited the lease with Bailiffs who took possession of the shop and flat. The Court of Appeal held that the forfeiture was not lawful because the landlords had not obtained a prior court order as required by Section 2 of the Protection from Eviction Act 1977.

Contact Marston High Court

For any High Court judgement queries, please call our customer services team on
0333 320 2540.

Any client queries please call our client services team on
0333 320 2549

Contact us

Make a payment

Other ways to pay Marston:

0333 320 1100

Marston - 24-hour automated payment line

0333 320 1822

Speak to Marston team to make a payment or to discuss your circumstances

Engage logo

For payments to Engage Services:

0333 3206 200

Speak to Engage Services team to make a payment

Customer support

Speak to Marston team to make a payment or discuss your circumstances:

0333 320 1822

Our opening hours are 8 AM to 8 PM Monday to Friday, 8 AM to 4 PM on Saturdays.

Contact by post:

It is always quicker and easier to contact us by phone or email. If you do need to send us anything in the post, please send it to:

Marston, PO Box 324,
Rossendale, BB4 0GE

To pay by post, send a postal order, cheque or banker’s draft, made payable to ‘Marston’ to the address above. Make sure that you write your name and our reference number on anything you send us and if sending us a payment, on the back of the postal order, cheque or banker’s draft so we know what the payment is for.

If you are an Engage Services customer,

click here for help,

or to speak to one of our team, call

0333 320 6200

.

If you have received a Penalty Charge Notice (PCN) you must follow the instructions on the reverse of the notice which contains full contact details for the applicable enforcing authority.

Transfer Up instruction form

This service allows you to apply for County Court Judgments to be transferred to the High Court for enforcement.

Writ of delivery instruction form

Our Enforcement Officers are well equipped and experienced in recovering all types of fixed assets whether it be a single car or fleet.

Money judgment enforcement form

We can enforce judgments obtained in the High Court and almost any judgment issued in the County Court.

Commercial forfeiture instruction form

Landlords may instruct us to take peaceful possession of their commercial property.

CRAR enforcement form

Instruct us to recover commercial rent arrears.

Trespasser removal enforcement form

We can handle the process quickly and resolutely. Our dedicated team will attend the scene on receipt of the warrant and effect eviction without delay.

Residential possession enforcement form

Instruct us for evicting residential tenants.

Process serving and tracing instruction form

We specialise in process serving throughout England and Wales. Court and legal documents are served on a same day-basis when required. We also undertake trace enquiries.

Employment Tribunal Enforcement Form

Instruct us to enforce employment tribunal awards. We can apply to the court to register the award as a Judgment.

European Enforcement Order Instruction Form

If you have a Judgment from a Country outside of the Jurisdiction of England and Wales but where the Debtor resides in England and Wales then we can assist you.

New business enquiry - Marston Holdings

Get in touch with our specialist team

New business enquiry - ParkTrade

Get in touch with our specialist team

New business enquiry - Engage

Get in touch with our specialist team

New business enquiry - NSL

Get in touch with our specialist team

New business enquiry - Videalert

Get in touch with our specialist team

Debt recovery and enforcement services

Client support

Scott and Co logo

For more information

Scott & Co (Scotland) LLP

9 Melville Crescent Edinburgh, EH3 7LZ

0333 3206 871

Business enquiries

Business enquiries form

Use our online form and a member of our team will be in touch as soon as possible.

Client support

ParkTrade logo

For more information

ParkTrade Europe AB

Sturegatan 16, 114 36 Stockholm, Sweden

+46 8 663 54 00

Business enquiries

+44 333 3202 985

Media enquiries

Business enquiries form

Use our online form and a member of our team will be in touch as soon as possible.

Client support

Marston Holdings Logo

For more information

Marston Holdings

Rutland House, 8th Floor, 148 Edmund street, Birmingham, B3 2JR.

0333 3203 355

Business enquiries

0333 3202 985

Media enquiries

Business enquiries form

Use our online form and a member of our team will be in touch as soon as possible.

Client support

Project Centre logo

For more information

Project Centre Limited

0330 1358 950

Business enquiries

Business enquiries form

Use our online form and a member of our team will be in touch as soon as possible.

Client support

Project Centre logo

For more information

Project Centre Limited

0330 1358 950

Business enquiries

Business enquiries form

Use our online form and a member of our team will be in touch as soon as possible.

Client support

Project Centre logo

For more information

Project Centre Limited

0330 1358 950

Business enquiries

Business enquiries form

Use our online form and a member of our team will be in touch as soon as possible.

Client support

Project Centre logo

For more information

Project Centre Limited

0330 1358 950

Business enquiries

Business enquiries form

Use our online form and a member of our team will be in touch as soon as possible.

Client support

Project Centre logo

For more information

Project Centre Limited

0330 1358 950

Business enquiries

Business enquiries form

Use our online form and a member of our team will be in touch as soon as possible.

Client support

Project Centre logo

For more information

Project Centre Limited

0330 1358 950

Business enquiries

Business enquiries form

Use our online form and a member of our team will be in touch as soon as possible.

Client support

Marston Holdings Logo

For more information

Marston High Court

5th Floor, 148 Great Charles Street, Queensway, Birmingham, B3 3HT

0333 3202 549

Business enquiries

Contact by post:

5th Floor, 148 Great Charles Street, Queensway
Birmingham, B3 3HT
DX 13014 Birmingham.

Business enquiries form

Use our online form and a member of our team will be in touch as soon as possible.

Client support

Engage logo

For more information

Engage

Wavell House, Holcombe Road, Rossendale BB4 4NB

0333 320 6200

Business enquiries

Business enquiries form

Use our online form and a member of our team will be in touch as soon as possible.

Client support

NSL logo

For more information

NSL Limited

12th Floor, One America Square, London, EC3N 2LS

If you have received a Penalty Charge Notice (PCN) you must follow the instructions on the reverse of the notice which contains full contact details for the applicable enforcing authority.

0333 3203 355

Business enquiries

NSL checking - Identity Verification Service

Business enquiries form

Use our online form and a member of our team will be in touch as soon as possible.

Client support

Videalert logo

For more information

Videalert Limited

The Clock House, 87 Paines Lane, Pinner, Middlesex, HA5 3BY

Business enquiries form

Use our online form and a member of our team will be in touch as soon as possible.

Client support

Project Centre logo

For more information

Project Centre Limited

0330 1358 950

Business enquiries

Business enquiries form

Use our online form and a member of our team will be in touch as soon as possible.

Client support

Project Centre logo

For more information

Project Centre Limited

0330 1358 950

Business enquiries

Business enquiries form

Use our online form and a member of our team will be in touch as soon as possible.