Another way landlord’s enforce the lease is by terminating the tenancy and changing the locks on the premises, thereby denying the tenant the ability to use it and carry on its business.

A landlord will usually retain the services of a bailiff to effect their enforcement. Bailiff are licensed professionals that do things like change locks on premises and then negotiate with tenants for continued entry to a premises while rent arrears are being paid. They also assist landlords in distraining (ie seizing) a tenant’s goods for sale at a public auction in order to satisfy rent arrears. Bailiffs are supposed to be specialized and knowledgeable in the area of commercial leasing and understand the rules surrounding distress, termination or forfeiture of a lease, and the right of re-entry. However, in our experience bailiffs often times overstep their authority and need to be checked by a court, which maintains the ultimate jurisdiction to make determinations about a lease dispute.

Since the rules around commercial leases are derived from multiple sources (ie the lease, the Commercial Tenancies Act, and the common law) they can be complex and are always case-specific. At the same time, the landlord’s authority to enforce the lease can be sweeping and destroy a tenant’s business. They are therefore extremely powerful when exercised properly. When exercised improperly, however, the ramifications can be expensive if a court orders damages for a illegal conduct. It is therefore very important to consult a commercial leasing lawyer prior to and during any disputes between landlords and tenants.