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There are several reasons why landlords of commercial properties in Greenwich 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 Greenwich property, assigning the property to someone else without your knowledge or not paying rent.
When you take back the possession of your property in Greenwich from a tenant, it's 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.
It's recommended that every commercial lease to have such a lease because without it the powers of property owners in Greater London will be restricted severely.
Where you have the right to forfeit in Greenwich, this can be done in one of two methods:
It enables you to change the locks of the doors after entering the premises in Deptford, Maze Hill, or Greenwich effectively.
This technique is risky considering that the leaseholder may request for forfeiture relief in a Greater London court of law to get back ownership and demand for reimbursement for the loss that may have been incurred following unlawful eviction in Greenwich.
This is the commonly preferred method in Greenwich, the downside is that, like any court case, it may be expensive and time consuming so it should only be used after all else has failed.
Your reasons for regaining possession could have a role in deciding the route taken by you.
If non-payment of rent is the reason behind the eviction process in Greenwich, you can re-enter the premises without notifying your tenant your decision to forfeit.
You must not acknowledge the continuance of the tenancy in Greenwich by discussing overdue rent, as this can result in withdrawing your forfeiture rights and you have to hold off until the next rent payment is missed.
Ensure you go with a third-party before you leave a notice of repossession on the tenant's door in Maze Hill, Deptford, or Greenwich, such as your solicitor or a locksmith.
For any other violations, you must first perform a section 146 notification before you can take back the ownership of the building in Greenwich.
Your solicitor has to serve the notice to all parties involved such as any subtenant, any mortgagee and the tenant in Greater London.
It must be specific on the nature of the breach in Greenwich and whether is needs remedial action within a reasonable time or the settlement of the compensation.
If the tenant refuses to pay the compensation or remedy the breach, you can go ahead and forfeit the lease without consequences.
The notices in Greenwich relating to breaches of repair come with additional rules.
These clauses give the tenant in Greenwich, Deptford, or Maze Hill a chance to come to statutory protection.
If the Greenwich 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 Greater London court's authorisation before taking any other action.
This can be avoided if the lease contains a clause allowing the landlord to enter the premises in Greenwich in order to remedy any repair defect and claim any costs incurred as a debt by the tenant.
This process begins with the landlord making an application for possession of the property within the county court in Greater London.
He would then fill and submit the necessary forms in Greenwich, potentially online depending on the court location.
Thereafter, the forms should be delivered to the Greenwich leaseholder by the lawyer within a given 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 Greenwich, Deptford, or Maze Hill and cost you lots of money.
Your tenant can apply for relief from forfeiture in the court in Greater London if certain conditions are met.
This is the only remedy available from the court to the tenant although, it is not an automatic right of the tenant, in case they are granted this right they can be able to continue the occupation of the Greenwich premises under the same existing lease.
The Greenwich 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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