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Being a commercial landlord there can exist several reasons to have the possession of the Bexley property back and violation of agreement terms by the tenant is common like damaging the property in Bexley, having pending rents, creating problems for the neighbours assigning the premises to someone else without your approval/consent etc.
Taking possession of your property in Bexley is considered' forfeiture' while used by a resident.
Although the lease can only be forfeited if you are permitted to do so as permitted in a certain clause in the agreement.
If no clause enables you to do so, your rights as a landlord are restricted severely, so it is advised that such clauses are included for all commercial leases in Greater London.
Where you possess the privilege to forfeit in Bexley, this can be handled in one of two ways:
You can enter the premises in Belvedere, Barnehurst, or Bexley and change the locks where the tenant is staying.
The tenant may decide to take it up by applying to the court in Greater London for "relief from forfeiture" where if granted, the tenant would reclaim the premises in Bexley and may even claim compensation on the grounds of wrongful eviction.
It should always be considered as the last resort as it can be lengthy process and it can cost you a lot, however, it's the preferred way of carrying out eviction in commercial properties in Bexley.
The reason for the repossession helps with choosing the right route.
When there is non-payment of rent in Bexley, you may not have to inform the tenant of forfeiture because you can simply re-enter the premises and take possession.
You shouldn't do anything to reveal the continuance of tenancy in Bexley, for example, reminding your tenant that the rent is overdue because this could result in a waiver of the right to forfeit and you may be forced to wait until the next rent payment is not paid.
It is advised that you post a repossession note at the property door in Barnehurst, Belvedere, or Bexley and have a friend to assist you, such as a locksmith or an attorney.
If there is a violation of any other condition, you are required to give your tenants a section 146 notice before you can regain possession of your property in Bexley.
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.
It must include the type of violation and whether it can be corrected within a specific period in Bexley, or if a settlement must be made.
If the breach is yet to be remedied or the compensation paid as expected then you are free to proceed to forfeit the lease.
There are other extra rules in Bexley related to repair violations.
In certain instances, you may be forced to give your occupants in Belvedere, Barnehurst, or Bexley the opportunity to file for statutory security.
If the tenant in Bexley demands this protection, which they must do within 4 weeks of receiving a section 146 notice, the property owner must make an initial claim asking for permission from the court in Greater London prior acting further.
These circumstances can be avoided if there is a relevant clause in the lease which enables the owner of the premises in Bexley to repossess and claim any costs of damages and costs incurred from debt.
The forfeiture court procedure begins by applying to the county court in Greater London for possession.
The landlord has to fill the standard claim forms which in Bexley can either be done online in some courts.
Then the solicitor needs to serve these forms to the tenants in Bexley within a strict time frame.
It's the complex area of the law, therefore, you must take legal advice on this, otherwise you'd end up delaying your repossession in Barnehurst, Bexley, or Belvedere if you made a mistake.
The tenant can try to get relief from forfeiture by applying to the Greater London court if certain conditions are met.
This is the only remedy available from the court to the tenant although, it is not an automatic right of the tenant, in case they are granted this right they can be able to continue the occupation of the Bexley premises under the same existing lease.
Immediately after receiving the section 146 notice, the Bexley tenant should make the application or else will be given a penalty in case they are found to have played a delaying tactic unavoidably or intentionally.
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