Archer Attorneys guides commercial landlords and property owners through each stage of the eviction process.
A lawful sequence
When rent is unpaid, a lease has expired, or another serious breach continues, the correct route depends on the lease, actual use of the premises, the parties involved and the particular facts of each matter. The stages below show the usual framework, but the facts determine the procedure.
We verify that the premises are genuinely used for business, identify the tenant, any subtenants, and everyone else occupying the property. We also confirm the landlord's authority to act. If anyone lives there, a different eviction process may apply.
We review the lease, its expiry or renewal position, the payment record and any previous notices, address the breach, and confirm whether the tenant’s right to occupy has ended or what must still be done to end it lawfully.
We determine the appropriate legal route, whether urgent protection is needed, and how arrears, goods, fixtures, or other claims should be handled. Locks, services, and tenant property must not be used as pressure.
If the premises are not returned voluntarily, we institute the appropriate court proceedings, include the necessary parties, arrange service, and deal with any opposition, disputed facts, tenant claims, or legal restrictions that may delay the matter.
Once a court grants an ejectment order, only the sheriff, not the landlord, may enforce it.
Common questions
No. Unpaid rent does not allow the landlord to remove the tenant immediately. The lease must first be lawfully ended. If the tenant still does not leave, a court order is required, and only the sheriff may enforce it.
Do not assume self-help is lawful. Taking possession or interfering with access, services or tenant goods without agreement or lawful authority can expose the landlord to urgent restoration proceedings.
The label on the lease is not decisive. If anyone actually uses the premises as a home, including in a mixed-use arrangement, PIE may apply and the route must be reconsidered.
Business rescue or liquidation may delay or change the eviction process; neither necessarily prevents an eventual eviction. Legal advice should be obtained before ending the lease or starting an eviction, as additional steps or court approval may be required.
There is no reliable fixed duration. Notice periods, the chosen forum, service, opposition, factual disputes, arbitration, interim applications, business rescue or insolvency and court availability can all affect timing.
For more information or to book a consultation, please contact Archer Attorneys.
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