Being the owner of marketable property in Kingston upon Thames, there are numerous motives why you may want to take back the ownership of your property, the most familiar being where your occupant violates their rent terms; such as, not maintaining the Kingston upon Thames premises in good form, not paying lease, being an annoyer to neighbours and or appointing or subletting the premises without your permission.
Forfeiture implies taking back your premises in Kingston upon Thames as the owner once an occupant has rented it.
Although the lease can only be forfeited if you are permitted to do so as permitted in a certain clause in the agreement.
All commercial leases in Greater London are advised to be such as the authority of the property owner would be highly restricted without it.
This can be done in one of two cases where you have the option to forfeit in Kingston upon Thames:
Under this arrangement, you change the locks on the premises in Stone Hill, Pucklechurch, or Whiteshill.
The tenant has the right to apply to court in Greater London for relief from forfeiture, so, it can be a little bit risky for you as the tenant will not only take back the possession of the property in Kingston upon Thames but they will also claim compensation for losses.
This is the preferred method in Kingston upon Thames as this follows correct court procedures, although it can be more lengthy and costly and this should be the last resort.
Grounds for regaining ownership could determine the path you decide to take.
When there is non-payment of rent in Kingston upon Thames, you may not have to inform the tenant of forfeiture because you can simply re-enter the premises and take possession.
It is best not to let the tenant know regarding duration of tenancy in Kingston upon Thames, like reminding them of overdue rent, because resultantly your right to forfeit would be waivered and you won't be able to do anything until the next overdue rent payment.
It is recommended that you drop a notice of repossession at the front door of the property in Pucklechurch, Stone Hill, or Whiteshill in the presence of a witness such as a locksmith, or even your solicitor is recommended.
In case other terms have been broken, you will have to first give a section 146 notice prior to regaining possession of your Kingston upon Thames premises.
Your solicitor must serve the notice to all interested parties, including the tenant, any subtenant, and any mortgagee in Greater London.
The notice has to state the status of the breach in Kingston upon Thames and if it needs corrective action within a certain period of time or compensation payment.
If there is neither remedial action nor compensation payment as needed then steps for lease forfeiture are acceptable.
If the tenant broke any other lease terms in Kingston upon Thames, there are other rules as specified by law.
For instance, some cases require that the tenant in Stone Hill, Pucklechurch, or Whiteshill is allowed to claim statutory protection.
If the tenant in Kingston upon Thames demands this protection, which they must do within 4 weeks of receiving a section 146 notice, the property owner must make an initial claim asking for permission from the court in Greater London prior acting further.
If there is a clause in the lease agreement, the landlord can avoid this when it is relevant to taking back possession of the Kingston upon Thames property and recovering costs for damages and costs incurred from non-payments.
The process involving forfeiture begins with requesting for ownership from the regional court in Greater London.
Standard claim forms are required to be filled in, which in Kingston upon Thames the landlord can now submit online in a couple of courts.
Moreover, the landlord has to provide the notice in the presence of the Solicitor to the tenant in Kingston upon Thames.
You should constantly receive legal advice on this as it is a complicated area of law, and errors can be expensive and slow down your reclaiming in Pucklechurch, Whiteshill, or Stone Hill.
Your tenant can apply to court in Greater London for forfeiture relief if specific conditions are met.
However, the tenant does not have an automatic right; this is a discretionary remedy available to the court, but they may still be able to occupy the premises in Kingston upon Thames under their existing lease if granted.
The Kingston upon Thames 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.
Based in Kingston upon Thames, 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.