Commercial Eviction In Dartford In Kent

How To Evict A Commercial Tenant In Kent's Dartford

Being a commercial landlord there can exist several reasons to have the possession of the Dartford property back and violation of agreement terms by the tenant is common like damaging the property in Dartford, having pending rents, creating problems for the neighbours assigning the premises to someone else without your approval/consent etc.

In Kent's Dartford, Regaining Possession

Regaining property possession in Dartford when a tenant still occupies the premises is otherwise known as forfeiture.

Nevertheless, the lease can only be given up by the tenant if the agreement states a particular clause which lets them do so.

All commercial rents in Kent should include such a sentence as without it your authority as the owner is hardly restrained.

You can exercise Forfeiture in Dartford in two different ways if you have the right to do so:

Nonviolent Re-entry In Dartford

Through this channel you enter the premises in Clement Street, Darenth, or Bean and change the locks.

This is a risky method as the tenant could later apply for assistance in court in Kent in order to retain possession of the property along with claiming any compensation for the way they were terminated in Dartford as it could have caused prospective loss.

Applying To Court For Possession In Dartford

This is normally considered the best way in Dartford although it may be costly and time consuming with court proceedings but it's advisable to use this route only as the last option.

Consider the reason why you want to repossess the property when contemplating the ideal route to take.

Non-payment Of Rent In Dartford, Kent

In case of pending dues in Dartford, you can simply enter the premises and you don't need to serve a notice of forfeiture to the tenant.

You need not do anything that may show tenancy continuance in Dartford, for instance, repeating to your occupiers that their time to pay rent is over as it could lead to a waiver to the forfeiture right and be compelled to sit back and wait until rent is never paid again.

As a precaution, always leave a notice of repossession on the premises' door in Darenth, Bean, or Clement Street and be accompanied to the property by your solicitor or a locksmith as a witness.

Breach Of Other Terms Of Lease In Kent's Dartford

For any other breaches, first it is a must you serve a section 146 notice before proceeding to take possession of the premises in Dartford.

Your lawyer is supposed to serve all the involved parties in Kent like any mortgagees, subtenants as well as the tenant with the notice.

It must indicate the essence of the violation in Dartford and whether it needs rectifying effort within a sensible time or the payment of reimbursement.

If the tenant refuses to pay the compensation or remedy the breach, you can go ahead and forfeit the lease without consequences.

Repair Condition Breach In Dartford In Kent

There are other stipulations that govern notices for repair violations in Dartford.

There are some instances where you might be compelled to offer your tenant in Clement Street, Bean, or Darenth the chance to claim statutory protection.

In case the statutory protection is claimed, the tenant in Dartford must do this within 28 days of section 146 notice, the landlord has to take the Kent court's permission with a preliminary claim.

The landlord can avoid this if the lease has a clause that permits them to enter the property in Dartford to correct any repair defect and then claim the costs incurred from the occupier as debt.

Procedure For The Court Trial In Dartford, Kent

The forfeiture process starts with an application to the county court in Kent for possession.

There are standard claim procedures that must be finalized, which in Dartford can now be delivered online in some courts.

These forms must be served to the tenant in Dartford, often by the landlord's solicitor, within a given timeframe.

It is recommended that you always seek legal advice on this matter since it is complicated and any mistake can delay repossession in Clement Street, Bean, or Darenth and cost you lots of money.

Tenants' Relief From Forfeiture In Kent's Dartford

The leaseholder may apply for forfeiting in court in Kent in case certain conditions have been met.

This isn't to say that all rights belong to the tenant, it is a discretionary right that the court possesses and the tenant can resume occupying the premises in Dartford under the current lease if granted.

The occupant in Dartford 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.