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If you are a commercial building landlord in Ashford, then there could be a few good reasons why you would want to retain possession of the premises, commonly, you may want it back if the current tenant is breaking rules set out in the lease terms, this could include failing to pay rent, not maintaining the Ashford property, disturbing the neighbours, or subletting the property without permission or consent.
Forfeiture is the process of taking back ownership of your premises in Ashford when held by a tenant.
However, the leaseholder may just forfeit the tenancy in case there exists a particular clause within the contract that allows them to act like so.
As a Kent commercial property owner, it is advisable that you include the clause in your lease, without it, you are powerless.
If you have the right to forfeit in Ashford it can be implemented in either of the following:
This involves the landlord entering the property in Challock, Bagham, or Acton and physically changing the locks.
To be more risky it is considered as your tenants could choose to go to court in Kent for 'relief forfeiture', and where the tenant claims compensation for incurred losses and repossesses as a result from eviction in Ashford that is wrongful.
This is normally considered the best way in Ashford although it may be costly and time consuming with court proceedings but it's advisable to use this route only as the last option.
Consider the reason why you want to repossess the property when contemplating the ideal route to take.
There is no need of notifying your tenants of your forfeiture plans for rent arrears in Ashford due to the fact you have the rights to re-enter your premises.
It is advised not to give notice of any overdue rent, as doing such an action will give away your right to forfeit the property in the moment in Ashford, and you would need to wait until the next failed payment of rent before you can then forfeit the property again.
It is advised to put a repossession notice on the door in Bagham, Acton, or Challock whilst a locksmith or your solicitor is there as a witness.
Notice 146 must be served before repossession of premises in Ashford if there are any other violations by the tenant.
This notice needs to be provided by your solicitor to everyone involved, including the landlord, the tenant, and subtenant in Kent.
The reason for the serving must be included as well as if any remedial action within a given time of compensation of payment is needed in Ashford.
You can forfeit the lease if the breach is not rectified or reimbursed.
Repair-related violation notices involve more regulations in Ashford.
In certain situations, the landlord may be required to provide the tenant in Bagham, Challock, or Acton with statutory protection.
In case this statutory protection is demanded by the Ashford tenant (which needs to be fulfilled within 28 days following a section 146 notice), preliminary claim must be made to take permission from the court in Kent before taking any more actions.
The landlord can avoid this if the lease has a clause that permits them to enter the property in Ashford to correct any repair defect and then claim the costs incurred from the occupier as debt.
The first step towards the court procedure for forfeiture is to approach the Kent County Court and apply for an application possession.
The landlord has to fill the standard claim forms which in Ashford can either be done online in some courts.
The Ashford tenant must be served the claim forms by your solicitor within a stipulated timeframe.
This is a complex area of law, and any mistakes can delay your repossession in Acton, Bagham, or Challock and be costly, so you need to take legal advice.
Your occupant can apply to court in Kent for comfort from forfeiture if specific requirements are fulfilled.
The occupant doesn't possess an automated right yet; this is an optional solution accessible to the court, but if approved, they may be able to proceed to inhabit the building in Ashford under their occurring rent.
The tenant in Ashford should apply immediately they receive a section 146 notice since they will be penalized if found to have delayed intentionally.
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