Landlords of commercial properties in Harlow have many reasons to evict their renters and tenants, and take back possession of their property, some of those reasons include being a nuisance to neighbours, not paying rent, subletting the premise without the landlord's permission, and damaging property in Harlow.
Forfeiture is a term used when a property in Harlow is recovered from the tenant's occupation.
The landlord can only be allowed to forfeit if there was a clause in the lease that grants him the freedom to do so.
It is therefore necessary for each commercial tenancy in Essex to include that kind of tenancy since its exclusion would severely restrict the assets' owners' jurisdictions.
If you ascertained your rights to forfeit in Harlow, you can do so using two ways:
This is whereby you enter the property in Epping, Harlow, or Sawbridgeworth and replace the locks.
The tenant may decide to take it up by applying to the court in Essex for "relief from forfeiture" where if granted, the tenant would reclaim the premises in Harlow and may even claim compensation on the grounds of wrongful eviction.
This is generally the preferred route in Harlow, although it can be costly and time-consuming, as with any court proceedings, and it should only be considered a last resort.
The route you opt to take most of the times depends on the reason for the repossession.
For non-payment of the lease in Harlow, you're not expected to provide any information about your purpose to forfeit; you can just go ahead to repossess your property.
It is advised not to give notice of any overdue rent, as doing such an action will give away your right to forfeit the property in the moment in Harlow, and you would need to wait until the next failed payment of rent before you can then forfeit the property again.
You must leave a repossession notice on the premise door in Epping, Sawbridgeworth, or Harlow which should be done while in the company of either a locksmith or your solicitor who acts as the witness.
In case of any other breaches, you must serve a section 146 notice before you are bound to premises repossession in Harlow.
Your solicitor must serve the notice to all interested parties, including the tenant, any subtenant, and any mortgagee in Essex.
The nature of the breach in Harlow must be mentioned in the notice and whether payment is required for damages.
If the violation has not be rectified or reimbursed as stated, you may move on with your forfeiture plans of the tenancy.
There are other stipulations that govern notices for repair violations in Harlow.
In certain situations you may wish to propose to your renter in Harlow, Sawbridgeworth, or Epping the option to lay claim to statutory protection.
In case you leaseholder in Harlow applies for the statutory protection, (to be completed within 28 days upon receiving a Sec. 146 order notice), may opt for a preliminary permission claim in court in Essex before moving to the next step.
This can be prevented if the rent includes a sentence which authorises the owner to enter the Harlow building to make amends of any deficiency of repair and affirm any costs incurred back from the occupant as an obligation.
For the possession, through the court, you have to file an application in the county court in Essex.
You must complete the claim forms, in Harlow you can also submit the claim forms online in some courts.
The claim forms are then served to the tenant in Harlow by your solicitor within a strict time - frame.
This being an area of law that is complex, any delay mistake may be costly and repossession in Epping, Sawbridgeworth, or Harlow delayed, so it is advised to always seek legal advice.
The tenant can make an application for forfeiture in a Essex court if certain terms 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 Harlow under their existing lease.
However, the tenant in Harlow is required to make an application immediately they receive a section 146 notice to avoid been penalized for unnecessary delay.
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