Commercial Tenancy
Termination or Distraint
Commercial Landlords generally have two options...
to either terminate the lease or to exercise their right to Distress (Distraint).
Repologix has the authority to act for the Landlord in regard to such matters.
TERMINATION
When a Landlord deems it necessary to take back their premises for non payment of rent or breech of covenant they retain us to deal directly with the Tenant. Terminating the lease does not in any way limit the landlord from collecting the rent arrears. In many circumstances we can negotiate an agreement that will recover the rent as well as the return of the rental property to the Landlord.
To effect a Termination the tenant must be...
a) MINIMUM 15 DAYS in arrears with their rent or portion of rent, and/or;
b) Having received prior notice of the breech of covenant, refused to rectify the breech. (i.e. using premises for purpose other than permitted in lease).
Acting as an agent for the Landlord we will serve notice, change the locks and oversee the removal of all the tenant's goods and chattels, returning the premises to the landlord as quickly as possible.
DISTRESS
A distress is the seizure of goods sufficient to recover unpaid rent. Recent court precedence has deemed it unlawful to both seize goods and lock the doors thus preventing the tenant from carrying on business, unless very specific circumstances exist. Furthermore there are a number of government agencies whose rights to some or all of the monies recovered by the landlord have to be considered.
To effect a Distress...
We have the legal authority to enter the tenants premises as early as three days after the rent is due and seize goods by, either...
a) Removing them to a secured location, or;
b) Leaving them in care of tenant after inventorying the goods sufficient to identify them later.
One of the major benefits of engaging the services of REPOLOGIX to resolve a tenancy matter is that in most cases there is no cost to the Landord.
to either terminate the lease or to exercise their right to Distress (Distraint).
Repologix has the authority to act for the Landlord in regard to such matters.
TERMINATION
When a Landlord deems it necessary to take back their premises for non payment of rent or breech of covenant they retain us to deal directly with the Tenant. Terminating the lease does not in any way limit the landlord from collecting the rent arrears. In many circumstances we can negotiate an agreement that will recover the rent as well as the return of the rental property to the Landlord.
To effect a Termination the tenant must be...
a) MINIMUM 15 DAYS in arrears with their rent or portion of rent, and/or;
b) Having received prior notice of the breech of covenant, refused to rectify the breech. (i.e. using premises for purpose other than permitted in lease).
Acting as an agent for the Landlord we will serve notice, change the locks and oversee the removal of all the tenant's goods and chattels, returning the premises to the landlord as quickly as possible.
DISTRESS
A distress is the seizure of goods sufficient to recover unpaid rent. Recent court precedence has deemed it unlawful to both seize goods and lock the doors thus preventing the tenant from carrying on business, unless very specific circumstances exist. Furthermore there are a number of government agencies whose rights to some or all of the monies recovered by the landlord have to be considered.
To effect a Distress...
We have the legal authority to enter the tenants premises as early as three days after the rent is due and seize goods by, either...
a) Removing them to a secured location, or;
b) Leaving them in care of tenant after inventorying the goods sufficient to identify them later.
One of the major benefits of engaging the services of REPOLOGIX to resolve a tenancy matter is that in most cases there is no cost to the Landord.