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Your tenant is probably not paying rent on time, disturbing other tenants, tempering with the Ealing 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 Ealing.
Forfeiture is when the ownership of your property in Ealing is regained by you as landlord after being occupied by a tenant.
Nevertheless, the tenant can only forfeit the lease if there was a certain clause in the agreement that enables them to do so.
It is therefore necessary for each commercial tenancy in Greater London to include that kind of tenancy since its exclusion would severely restrict the assets' owners' jurisdictions.
Your power to forfeit in Ealing can be enforced via 2 methods:
This is whereby you enter the property in Dormer's Wells, Bedford Park, or Ealing and replace the locks.
To be more risky it is considered as your tenants could choose to go to court in Greater London for 'relief forfeiture', and where the tenant claims compensation for incurred losses and repossesses as a result from eviction in Ealing that is wrongful.
This is the preferred method in Ealing as this follows correct court procedures, although it can be more lengthy and costly and this should be the last resort.
The route you opt to take most of the times depends on the reason for the repossession.
There is no need of notifying your tenants of your forfeiture plans for rent arrears in Ealing due to the fact you have the rights to re-enter your premises.
Reminding the tenant of any overdue rent is unnecessary as acknowledging continuance of the tenancy in Ealing because this will lead to a waiver of your right to forfeit and will be required to wait the tenant misses the next payment of rent.
It is always advised to have a witness with you while leaving a notice of repossession at tenant's doorstep in Dormer's Wells, Ealing, or Bedford Park, it can be either locksmith or your solicitor.
In the event that other agreements have been violated, first of all, you may have to serve Sec. 146 notice before taking back ownership of your property in Ealing.
Your solicitor should serve mortgagee, the tenant, and other subtenants, if possible in Greater London.
The notice should give details regarding the violation in Ealing and in case it requires remedial measures with a particular time-frame or reimbursement.
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 stipulations that govern notices for repair violations in Ealing.
In some circumstances, you may be imposed to give the occupant in Bedford Park, Dormer's Wells, or Ealing the chance to maintain statutory security.
If the Ealing tenant decides to do this, which must be done within 28 days of receiving the 146 notice, then the landlord must make a preliminary claim to the court in Greater London before any other actions can progress.
However, this can be avoided if the lease agreement has the clause referring to the possession or re-entering the space in Ealing and any cost of repair or claim will be added to the tenant account.
The first step towards the court procedure for forfeiture is to approach the Greater London County Court and apply for an application possession.
There is a standard form for claims that will need to be completed which in Ealing may be submitted online in certain courts.
The claim forms are then served to the tenant in Ealing by your solicitor within a strict time - frame.
It is recommended that you always seek legal advice on this matter since it is complicated and any mistake can delay repossession in Dormer's Wells, Bedford Park, or Ealing and cost you lots of money.
Your tenant can apply to court in Greater London for forfeiture relief if specific conditions are met.
This is not automatic however, this is a court prevention measure, but if granted they may be in a position to continue to stay in the premise in Ealing under their existing lease.
The Ealing tenant shouldn't delay the relief from forfeiture application and they should submit it as soon as they are served the Section 146 notice as unnecessary delay may attract some penalty.
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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.