Between 2007 and 2015 most landlords took the view that a bad tenant was better than no tenant. Good estate management dictated that keeping shops open and operational was better for footfall. That is despite delinquent tenants not paying rent at all, unilaterally underpaying or late paying perhaps despite rent abatement arrangements. But the game is now up for delinquent retail tenants. The retail environment has changed. Improved market conditions means that we are now back to key money as retail multiples clammed for coveted retail units. Undoubtedly managing agents are advising their landlord clients to now move against non paying and under paying tenants. But they are generally advised to serve notice then commence Court proceedings to eject the tenant. That will take at least a year with strong prospects of an appeal. So maybe 2 years to get rid of a tenant without a defence. Having acted on both sides of the fence we have frustrated landlords for 6 years in one instance. Not very attractive. So why aren't lawyers advising their landlord clients to carry out the most cost effective and quick solution to removing non paying tenants? Because they would be turkeys voting for Christmas. This turkey says savvy landlords should serve written notice on these tenants, then physically re-enter on the premises. That can happen in a matter of weeks and you can still pursue the debt owed. What's not to like about that? If the tenant seeks a Court injunction to restrain the re-occupation by the landlord then the Court ultimately
will have to decide if as a matter of public policy they can protect a non paying tenant. The answer must be NO!
In every ejectment for non-payment of rent or overholding, the Civil Bill shall specify the names of the landlord and lessor, and tenant or tenants, respectively, the nature of the tenancy, and the rent at which the same shall be then or shall have been last holden, and in cases where the proceedings shall be grounded upon the tenancy having been determined, the fact of the determination of such tenancy and the means by which the same shall have been determined, and in cases where the proceedings shall be grounded upon the non-payment of rent, the amount of the rent due after all fair and just allowances, specifying up to what gale day the same is due.