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There are several reasons why landlords of commercial properties in Lambeth 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 Lambeth property, assigning the property to someone else without your knowledge or not paying rent.
Forfeiture is the process of taking back ownership of your premises in Lambeth when held by a tenant.
However, the leaseholder may just forfeit the tenancy in case there exists a particular clause within the contract that allows them to act like so.
It's recommended that all commercial landlords in Greater London include such clause because, without it, your powers as a landlord are restricted.
Your power to forfeit in Lambeth can be enforced via 2 methods:
You as a landlord can take back their properties in Lambeth, Brixton, or Kennington by changing the locks.
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 Lambeth.
Under this you have to contact the court for possession and this can be costly and lengthy but it is the preferred way in Lambeth but you should keep this as your final option.
The option you opt for depends on the reason for repossession.
You are not required to give notice of your plan to forfeit in the case of non-payment of rent in Lambeth; you may easily re-enter the premises.
It is not mandatory to agree on the continuity of the tenancy in Lambeth such as prompt the tenant of any rent that is unpaid, as this may lead to a waiver of your right to forfeit and you will have to wait until the following rent settlement is unpaid.
It is therefore advisable to place a notice regarding repossession on the tenant's front door on your premises in Kennington, Brixton, or Lambeth and call in your locksmith or lawyer as witness.
For any other violations, you must first perform a section 146 notification before you can take back the ownership of the building in Lambeth.
Your solicitor must serve the notice to all interested parties, including the tenant, any subtenant, and any mortgagee in Greater London.
The nature of the breach in Lambeth must be specified and whether it requires remedial action or payment of compensation.
If the compensation is not done or any violations not resolved, then you can exercise the forfeit.
The notices in Lambeth relating to breaches of repair come with additional rules.
In certain instances, you may be forced to give your occupants in Kennington, Brixton, or Lambeth the opportunity to file for statutory security.
Before taking any further action, the landlord must make a preliminary claim for the Greater London court's permission if the tenant in Lambeth claims this protection within 28 days of receiving a section 146 notice.
This can be avoided by the landlord if there is a clause in the lease pertaining to the permission to enter the premise in Lambeth in order to correct defects in repair and subsequently claim the incurred costs as debt from the occupier.
The first step towards the court procedure for forfeiture is to approach the Greater London County Court and apply for an application possession.
You must complete the standard claim forms for this purpose and in Lambeth you can now submit these forms online in some courts.
The tenants in Lambeth must be served with the claim form within the 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 Kennington, Brixton, or Lambeth and cost you lots of money.
Under some conditions, your tenant has the right to apply for relief from forfeiture from the court in Greater London.
This isn't to say that all rights belong to the tenant, it is a discretionary right that the court possesses and the tenant can resume occupying the premises in Lambeth under the current lease if granted.
The tenant in Lambeth 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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