Being a commercial landlord there can exist several reasons to have the possession of the Hammersmith property back and violation of agreement terms by the tenant is common like damaging the property in Hammersmith, having pending rents, creating problems for the neighbours assigning the premises to someone else without your approval/consent etc.
Regaining property possession in Hammersmith when a tenant still occupies the premises is otherwise known as forfeiture.
You need to add a clause in your lease agreement to let you forfeit the lease.
The landlords powers are severely restricted if the commercial lease doesn't contain such a clause, therefore, you must mention it in all the commercial leases in Greater London.
You can exercise your right to forfeit a property in Hammersmith in two ways:
Under this arrangement, you change the locks on the premises in Kings Cross, Brentford, or Hounslow.
However, it's considered risky because the tenant can take back possession with a 'relief from forfeiture' claim in Greater London court and claims compensation for losses incurred if they were wrongfully evicted in Hammersmith.
This is the most preferred route in Hammersmith, but it's costly and lengthy as with any court proceedings, so, it should only be considered as a last resort.
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 Hammersmith, you can re-enter the premises without notifying your tenant your decision to forfeit.
It is imperative that you don't give the tenant a reminder of the overdue rent in Hammersmith, otherwise, you may lose your right to forfeit because of acknowledgement, and if that happens, you are at the mercy of the tenant because you are helpless until the tenant default on the next rent payment.
You are advised to leave a repossession notice on the door step of the premises in Kings Cross, Hounslow, or Brentford while in the company of a witness, such as a locksmith or your solicitor.
Any other types of breaches to the lease will require a serving of a section 146 notice before any action can be taken to retake the property in Hammersmith.
All parties, such as any mortgagee, subtenant and tenant in Greater London should be served the notice by your solicitor.
It must define the extent of the violation in Hammersmith and whether, within a reasonable time, this needs remedial action or monetary pay-out.
If the violation has not been resolved or the fee compensated as needed, you may continue with the lease forfeit.
There are other extra rules in Hammersmith related to repair violations.
In certain situations, the landlord may be required to provide the tenant in Hounslow, Kings Cross, or Brentford with statutory protection.
If the Hammersmith 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.
If there is a clause in the lease agreement, the landlord can avoid this when it is relevant to taking back possession of the Hammersmith property and recovering costs for damages and costs incurred from non-payments.
This process begins with the landlord making an application for possession of the property within the county court in Greater London.
It is necessary to complete standard claim forms, which in Hammersmith can now be submitted online in some courts.
The claim forms are then served to the tenant in Hammersmith by your solicitor within a strict time - frame.
It is advised to ask for legal advice during this process because it is complicated, and any slip-ups can cause a costly delay in the proceedings in Kings Cross, Hounslow, or Brentford.
The tenant can apply to the Greater London court for relief from the forfeiture proceedings if specific requirements are met.
Although the tenant is not automatically entitled to it, this is a non-obligatory solution provided by the court, however, if it is approved, the tenant may continue to remain on the property in Hammersmith under their present lease.
Immediately after receiving the section 146 notice, the Hammersmith tenant should make the application or else will be given a penalty in case they are found to have played a delaying tactic unavoidably or intentionally.
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