Commercial Tenants default on the rent same as Btl ?

[charger]

Do the tenants of a commercial property, shop, or office whatever it is, have the same rights as those who are renting houses in residential areas when they default on the rent ?
Is it two months the time to go to court and re-gain repossession of the commercial premises, if the tenant is bankrupt simply do not want to pay anymore the rent ?
Thanks

[Editor]

A commercial letting is entirely different to a residential one - it's on a purely contractual basis and there's no statutory rules to get in the way.
Once the rent is in arrears you have a few options - see the lease agreement to decide when rent is in arrears - usually as soon as a payment is missed.
You can start a Small Claim action.
You can distress for rent - ie send in bailiffs - they can seize goods if necessary - the threat of this is usually enough to make the tenant see sense if he is able to pay.
You can forfeit the lease.
The strategy you use will depend upon several factors like how much you value the present tenant and their ability to pay long-term. Other factors are the imminent introduction of legal protocols on rent arrears for commercial leases, and the insolvency rules if your tenant is insolvent?
I recommend you speak to a solicitor or go direct to a firm of bailifs if you decide on a more agressive approach - see:
http://www.landlordzone.co.uk/dir/solicitors-legal.htm and
http://www.landlordzone.co.uk/dir/bailiffs-investigators.htm

[charger]

try www.dnsstuff.com
it should tell you who the owner is , well if not ltd.>?

[islandgirl]

Hi Editor
new to commercial property forum though have had a lot of fantastic help on the residential property section! We have a commercial tenant who is behind in payments. We have tried to work with him but may have to take action. Re your comment above: "Other factors are the imminent introduction of legal protocols on rent arrears for commercial leases"
Can you pls let me know where to look for more info on this? By what date do we have to act to avoid what I assume are more stringent rules? Many thanks

[Editor]

I said the new protcol was imminent - not so sure it is - this process has been going on for a long time, but it will come eventually.
See: http://www.dca.gov.uk/consult/distress/distrent.htm
Speak to one of the firms of bailiffs, they will be able to advise you on the ins and out of Distress for Rent:
http://www.landlordzone.co.uk/dir/bailiffs-investigators.htm
Interestingly there's a similar process in progress for Residential Rent Arrears:
http://www.civiljusticecouncil.gov.uk/911.htm

Distress for rent is unlikely to be abolished for commercial, just the process, Human Rights considerations and the need to give tenants notice etc:

Until the protocol comes in it is advisable to follow a reasonable path: give the tenant some notice of your intention to levy for distress and give time for any counter claim or settlement. This may give your tenants time to remove property, but there's going to be no other option in future.

[islandgirl]

thank you very much Editor - I am about to do some serious research! Your help and advice is very much appreciated.