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If you are a commercial building landlord in Barnet, 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 Barnet property, disturbing the neighbours, or subletting the property without permission or consent.
The professional name for retaining your property in Barnet from the occupation of a tenant is called 'forfeiture'.
However, you can only forfeit the lease if there is a specific clause permitting you to do so.
It's recommended that all commercial landlords in Greater London include such clause because, without it, your powers as a landlord are restricted.
Your power to forfeit in Barnet can be enforced via 2 methods:
It enables you to change the locks of the doors after entering the premises in Cheshunt, Waltham Abbey, or Potters Bar effectively.
This technique is risky considering that the leaseholder may request for forfeiture relief in a Greater London court of law to get back ownership and demand for reimbursement for the loss that may have been incurred following unlawful eviction in Barnet.
This is normally considered the best way in Barnet although it may be costly and time consuming with court proceedings but it's advisable to use this route only as the last option.
How you proceed depends on the reason for repossession.
When there is non-payment of rent in Barnet, you may not have to inform the tenant of forfeiture because you can simply re-enter the premises and take possession.
You must not acknowledge the continuance of the tenancy in Barnet by discussing overdue rent, as this can result in withdrawing your forfeiture rights and you have to hold off until the next rent payment is missed.
You can simply leave a notice of repossession on the door of the property in Cheshunt, Waltham Abbey, or Potters Bar and don't forget to bring a witness with you, a solicitor or a locksmith.
If you're dealing with other breaches, you cannot take possession of the property in Barnet unless you send the section 146 notice.
Your solicitor is the one mandated to serve the notice on all parties that are interested, including any subtenant, any mortgagee, and the tenant in Greater London.
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 Barnet.
If these demands are not met, then the property you can continue to forfeit the lease.
The notices in Barnet relating to breaches of repair come with additional rules.
In some instances, tenants in Waltham Abbey, Cheshunt, or Potters Bar must be given statutory rights to claim.
In case this statutory protection is demanded by the Barnet 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 Greater London before taking any more actions.
If there is a clause in the lease agreement, the landlord can avoid this when it is relevant to taking back possession of the Barnet property and recovering costs for damages and costs incurred from non-payments.
The court in Greater London county has a standard process of repossession which starts by applying for possession to the court.
You should fill in an ordinary claim form, which in Barnet may be delivered online in certain courts.
The Claim Forms would be served on the tenant(s) in Barnet by the landlord's solicitor within a strict timeframe.
You should always take legal advice on this since it's a complex section of law, mistakes can be costly and delay repossession efforts in Waltham Abbey, Potters Bar, or Cheshunt.
The tenants can be entertained with the relief from forfeiture in Greater London court if certain circumstances prevail.
This is not automatic however, this is a court prevention measure, but if granted they may be in a position to continue to stay in the premise in Barnet under their existing lease.
The occupant in Barnet should make a request as soon as they collect a section 146 notification since they will be chastised if they are discovered to have delayed needlessly.
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