113 Sycamore Field
0800 246 1381
Your tenant is probably not paying rent on time, disturbing other tenants, tempering with the Chatham premise or in breach of other lease terms like subletting your premises without your knowledge, these are some of the reasons a landlord may want to evict their commercial tenants and regain possession of their property in Chatham.
Forfeiture refers to regaining possession of your property in Chatham as a landlord when a tenant has occupied it.
Although the lease can only be forfeited if you are permitted to do so as permitted in a certain clause in the agreement.
It is therefore necessary for each commercial tenancy in Kent to include that kind of tenancy since its exclusion would severely restrict the assets' owners' jurisdictions.
If you have the right to forfeit in Chatham it can be implemented in either of the following:
This entails gaining entrance into the property in Rochester, Capstone, or Gillingham and replacing the locks.
It is assumed to be also unsafe as your tenant could apply to court in Kent for 'relief from forfeiture', where the occupant snatch back occupancy and requests reimbursement for penalties incurred as an outcome of illicit expulsion in Chatham.
This is mostly the preferred path in Chatham though, as with any judiciary proceedings, it can be expensive and long so should only be evaluated as a final resort.
Grounds for regaining ownership could determine the path you decide to take.
You don't have to issue any notice of your plans to forfeit for non-payment of rent in Chatham simply because you can re-enter the property.
It is best not to let the tenant know regarding duration of tenancy in Chatham, like reminding them of overdue rent, because resultantly your right to forfeit would be waivered and you won't be able to do anything until the next overdue rent payment.
It's recommended to post repossession notice on the front door of the property in Gillingham, Rochester, or Capstone and bring along a witness such as your solicitor or locksmith.
You must first deliver a warning under section 146 before you can take possession of the property in Chatham for any other violations.
Your solicitor should serve mortgagee, the tenant, and other subtenants, if possible in Kent.
It must be specific on the nature of the breach in Chatham and whether is needs remedial action within a reasonable time or the settlement of the compensation.
If the violation has not be rectified or reimbursed as stated, you may move on with your forfeiture plans of the tenancy.
When it comes to breach of repair in Chatham, some rules apply before serving the notice.
In some circumstances, you may be imposed to give the occupant in Rochester, Gillingham, or Capstone the chance to maintain statutory security.
If the Chatham occupant professes this security, which they must do within 28 days of obtaining a section 146 notification, the landowner must make a preliminary statement for the Kent court's authorisation before taking any other action.
However, if the landlord enshrined a clause in the lease that entitles the landlord to rectify any defect of repair and claim the cost from the tenant by going into the Chatham premises, the claim can be avoided.
The court process for forfeiture commences by bringing a request for possession in the county court in Kent.
You must complete some standard claim forms and in Chatham you can submit them online.
Moreover, the landlord has to provide the notice in the presence of the Solicitor to the tenant in Chatham.
It is necessary to consult legal experts because this is an intricate aspect of law and making errors may slow down your possession in Rochester, Capstone, or Gillingham and even cause irreparable damage.
Relief from forfeiture can be applied for by the tenant to Kent court when certain conditions have been achieved.
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 Chatham property under the existing lease.
The tenant in Chatham is advised to apply for this straight away after receiving the section 146 notice as they can be penalised for any unnecessarily delayed time.
Based in Chatham, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.