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There are several reasons why landlords of commercial properties in Camden may wish to regain possession of their buildings, the common reason is when the tenant breaks terms of the lease, for example, causing disturbance to neighbours, destroying the Camden property, assigning the property to someone else without your knowledge or not paying rent.
Forfeiture refers to regaining possession of your property in Camden as a landlord when a tenant has occupied it.
You need to add a clause in your lease agreement to let you forfeit the lease.
As a Greater London commercial property owner, it is advisable that you include the clause in your lease, without it, you are powerless.
Where you possess the privilege to forfeit in Camden, this can be handled in one of two ways:
This requires you to enter the premises in Somerstown, Childs Hill, or Belsize Park effectively and 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 Camden, lay a claim for compensation in court in Greater London.
This is the best option to choose in Camden as this follows the legal procedures in court, however, it's costly and takes time to achieve the eviction and this should be your last option
Consider the reason why you want to repossess the property when contemplating the ideal route to take.
Since the property can be re-entered by you in this scenario, there is no need to release any forfeit notice for delays in rent payment in Camden.
You'd be causing damage to your right to forfeit if you considered sending a reminder to the tenant of any overdue rent in Camden, after that you won't be able to forfeit unless the next rent payment is missed.
As a precaution, always leave a notice of repossession on the premises' door in Belsize Park, Somerstown, or Childs Hill and be accompanied to the property by your solicitor or a locksmith as a witness.
In case other terms have been broken, you will have to first give a section 146 notice prior to regaining possession of your Camden premises.
Your solicitor must serve the notice to all interested parties, including the tenant, any subtenant, and any mortgagee in Greater London.
The notice should state the kind of breach in Camden and if it can be resolved within a given time or compensation payment.
You can proceed to forfeit the lease if the breach has not been remedied or the settlement has not been paid.
Repair-related violation notices involve more regulations in Camden.
In some instances you may obliged to offer the tenant in Belsize Park, Childs Hill, or Somerstown the chance to claim statutory protection.
If the tenant in Camden 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.
If there is a clause in the lease agreement, the landlord can avoid this when it is relevant to taking back possession of the Camden property and recovering costs for damages and costs incurred from non-payments.
The landlord can apply to the court by making an application of possession in the county court in Greater London.
Standard claim forms are required to be filled in, which in Camden the landlord can now submit online in a couple of courts.
Your solicitor will then serve the claim forms within a stipulated period to the tenant in Camden.
However, this process is lengthy and can be very costly for the landlord, so you should always consult legal advice as this is a complex part of law and errors will slow the process in Childs Hill, Somerstown, or Belsize Park.
The tenants can apply to the Greater London court for relief from the forfeiture if some of the certain conditions are settled and maintained.
Although the tenant does not have an automatic discretionary remedy available to the court, but if granted they may be able to continue to occupy the Camden premises under the lease they already have.
The tenant in Camden will have to make the application as soon as the Section 146 Notice was received as delaying without a justified reason can result in penalties.
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