Your tenant is probably not paying rent on time, disturbing other tenants, tempering with the Grays 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 Grays.
Forfeiture implies taking back your premises in Grays as the owner once an occupant has rented it.
You should have a specific clause that allows the landlord to take back their properties from tenants.
Without such a clause in the lease, then the landlord is prohibited by the law against evicting the commercial tenant in Essex under no circumstance whatsoever.
This can be done in one of two cases where you have the option to forfeit in Grays:
Under this arrangement, you change the locks on the premises in Tilbury, Grays, or South Ockendon.
This technique is risky considering that the leaseholder may request for forfeiture relief in a Essex court of law to get back ownership and demand for reimbursement for the loss that may have been incurred following unlawful eviction in Grays.
This is the best option to choose in Grays 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
Grounds for regaining ownership could determine the path you decide to take.
In case of pending dues in Grays, you can simply enter the premises and you don't need to serve a notice of forfeiture to the tenant.
You don't need to acknowledge the continuance of the tenancy in Grays, such as reminds the tenant of any overdue rent as this can mean your forfeit your rights and must wait until the next missed payment to take action.
It is recommended that you drop a notice of repossession at the front door of the property in Grays, Tilbury, or South Ockendon in the presence of a witness such as a locksmith, or even your solicitor is recommended.
Notice 146 must be served before repossession of premises in Grays if there are any other violations by the tenant.
The notice on all interested parties, including the tenant, any mortgagee, and any subtenant in Essex must be served by your solicitor.
The notice should state the kind of breach in Grays and if it can be resolved within a given time or compensation payment.
In case the breach hasn't been corrected or compensated as expected, you can move on to forfeit the lease.
The notices in Grays relating to breaches of repair come with additional rules.
In certain situations, you may be required to provide the tenant in Grays, Tilbury, or South Ockendon the chance to claim statutory protection.
If the tenant in Grays claims this protection within 28 days after receiving section 146 notice which he must do and the landlord cannot take any further action without having the Essex court's approval.
However, all of this can be avoided if a clause in the lease is included that entitles the landlord to go into the property in Grays to check any damages to the area and claim any costs to the property from the tenant as debt.
The landlord can apply to the court by making an application of possession in the county court in Essex.
There are standard claim forms that must be filled, which in Grays can now be submitted online in some courts.
Your solicitor will then serve the claim forms within a stipulated period to the tenant in Grays.
You should always take legal advice on this since it's a complex section of law, mistakes can be costly and delay repossession efforts in Tilbury, South Ockendon, or Grays.
The tenant can apply to the Essex court for relief from the forfeiture proceedings if specific requirements are met.
The occupant doesn't possess an automated right yet; this is an optional solution accessible to the court, but if approved, they may be able to proceed to inhabit the building in Grays under their occurring rent.
The tenant in Grays should apply immediately they receive a section 146 notice since they will be penalized if found to have delayed intentionally.
Based in Grays, 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.