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When it is a commercial premise in Brighton, there are a lot of reasons why the landowner would want to evict the tenant, however, the landowner can still take possession and evict the tenant from a commercial land, the reason for eviction can be the breaking of rules from the lease agreement, not paying the rent on time, not maintaining the Brighton property, or subletting the property without your knowledge.
Forfeiture is when the ownership of your property in Brighton is regained by you as landlord after being occupied by a tenant.
However, you can only forfeit the lease if there is a specific clause permitting you to do so.
It's recommended that all leases of commercial property in East Sussex include a forfeit clause because without one, your powers as the landlord are extremely limited.
You can exercise Forfeiture in Brighton in two different ways if you have the right to do so:
This involves the ability for you to gain access to your premises in Broomham, Denton, or Preston and being able to change the locks.
However, this is a dangerous option because the tenant may seek "relief from forfeiture", meaning the tenant will take back the possession and claim any loss in the illegal eviction in Brighton, lay a claim for compensation in court in East Sussex.
This is the most preferred route in Brighton, but it's costly and lengthy as with any court proceedings, so, it should only be considered as a last resort.
Consider the reason why you want to repossess the property when contemplating the ideal route to take.
Landlords are not obligated to inform the tenant of a forfeiture with respect to failure to pay rent in Brighton, they can simply gain entrance into the property.
It is not mandatory to agree on the continuity of the tenancy in Brighton such as prompt the tenant of any rent that is unpaid, as this may lead to a waiver of your right to forfeit and you will have to wait until the following rent settlement is unpaid.
It's also recommended to leave a letter of repossession of the property on the door in Broomham, Denton, or Preston and to be accompanied with a witness such as a locksmith or solicitor.
For any other breaches, first it is a must you serve a section 146 notice before proceeding to take possession of the premises in Brighton.
Your lawyer is supposed to serve all the involved parties in East Sussex like any mortgagees, subtenants as well as the tenant with the notice.
The notice has to state the status of the breach in Brighton and if it needs corrective action within a certain period of time or compensation payment.
If the tenant refuses to pay the compensation or remedy the breach, you can go ahead and forfeit the lease without consequences.
If the tenant broke any other lease terms in Brighton, there are other rules as specified by law.
These clauses give the tenant in Denton, Preston, or Broomham a chance to come to statutory protection.
If the Brighton tenant accepts this protection, then the rectification and repairs must be done within 28 days of receiving the section 146 notice and the landlord will then need the East Sussex court's permission to make the initial claim.
However, this can be avoided if the lease agreement has the clause referring to the possession or re-entering the space in Brighton and any cost of repair or claim will be added to the tenant account.
The court forfeiture procedure begins by applying for possession in the county court in East Sussex.
You must complete the claim forms, in Brighton you can also submit the claim forms online in some courts.
These forms must be served to the tenant in Brighton, often by the landlord's solicitor, within a given timeframe.
As it is a law area that is complicated, you should always take legal advice on this, and errors can slow down your repossession in Preston, Denton, or Broomham and be costly.
If specific conditions are fulfilled, the tenant can submit an application for relief to the East Sussex court.
However, this does not mean that the tenant has an automatic right, it's a discretionary remedy that is available to a court and if the tenant is granted, it means they can continue living in the Brighton property under the existing lease.
Immediately after receiving the section 146 notice, the Brighton 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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