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Some commercial landlord wants to take back possession of their premises in Havering for one or two reasons, the most common being situations where the tenant is breaching the lease terms such as, not keeping the premises in Havering in good repair, not paying rent, being a nuisance to neighbours, and many more.
Regaining property possession in Havering when a tenant still occupies the premises is otherwise known as forfeiture.
Although the lease can only be forfeited if you are permitted to do so as permitted in a certain clause in the agreement.
Inclusion of such class in the agreement is strongly recommended to include these clauses in all Greater London commercial leases as lack of such a clause can restrict your powers.
Where you have the right to forfeit in Havering, this can be done in one of two methods:
In this scenario, you replace all the locks at the property in Abridge, Stapleford Abbotts, or Bulphan.
It is assumed to be also unsafe as your tenant could apply to court in Greater London for 'relief from forfeiture', where the occupant snatch back occupancy and requests reimbursement for penalties incurred as an outcome of illicit expulsion in Havering.
It should always be considered as the last resort as it can be lengthy process and it can cost you a lot, however, it's the preferred way of carrying out eviction in commercial properties in Havering.
Your reasons for regaining possession could have a role in deciding the route taken by you.
When a tenant is no longer paying rent in Havering, you can re-enter the premises, but you are not required to give any notice of your intention to forfeit.
You'd be causing damage to your right to forfeit if you considered sending a reminder to the tenant of any overdue rent in Havering, after that you won't be able to forfeit unless the next rent payment is missed.
The repossession notice should be posted on the main entrance door of the rented property in Abridge, Stapleford Abbotts, or Bulphan and for this a witness should be brought along like a locksmith or 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 Havering.
The landlord's solicitor will serve the notice to all the interested parties, such as the tenant(s), the subtenant(s), and the mortgagee(s) in Greater London.
The reason for the serving must be included as well as if any remedial action within a given time of compensation of payment is needed in Havering.
You can forfeit the lease if the breach is not rectified or reimbursed.
Other rules in Havering also govern notices connected to violation of repair.
The landlord will be required to offer the opportunity to the tenant in Abridge, Stapleford Abbotts, or Bulphan where they may claim statutory protection.
In case the statutory protection is claimed, the tenant in Havering must do this within 28 days of section 146 notice, the landlord has to take the Greater London court's permission with a preliminary claim.
This can be avoided by the landlord if there is a clause in the lease pertaining to the permission to enter the premise in Havering in order to correct defects in repair and subsequently claim the incurred costs as debt from the occupier.
The forfeiture court procedure begins by applying to the county court in Greater London for possession.
The landlord must complete standard claim forms, which in Havering can now be submitted online.
The claim forms must then be sent to the Havering occupant, mostly by your lawyer, within a severe timeframe.
It is recommended that you always seek legal advice on this matter since it is complicated and any mistake can delay repossession in Bulphan, Abridge, or Stapleford Abbotts and cost you lots of money.
Your tenant can apply to court in Greater London for forfeiture relief if specific conditions are met.
A tenants is not entitled straight away, the permission to live will be granted by the court and the tenant will then live in the premises in Havering under the same lease contract.
The tenant in Havering will have to make the application as soon as the Section 146 Notice was received as delaying without a justified reason can result in penalties.
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