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As a commercial premise property owner in Lewisham there are a lot of reasons for the need to repossess your property, the common one being when your tenant breaches their tenancy terms; such as failure to pay rent, not keeping the premise in Lewisham in good condition by repairing them, being annoying to fellow tenants or assigning or subletting the premise without your permission.
The professional name for retaining your property in Lewisham from the occupation of a tenant is called 'forfeiture'.
You should have a specific clause that allows the landlord to take back their properties from tenants.
It is advisable to contain such a clause for all commercial leases in Greater London as your powers as a landlord will be severely restricted without it.
If you ascertained your rights to forfeit in Lewisham, you can do so using two ways:
This is whereby you enter the property in Catford, Bell Green, or Deptford and replace the locks.
However, this is a risky move, as the tenant may apply to the Greater London court for a 'relief from forfeiture' and if this has been found to be true, then the tenant will regain possession of the property in Lewisham and receive compensation for a problem that occurred during the process.
This technique is regarded the best and most effective in Lewisham albeit it expensive and requires more time to complete court hearings, you are advised to opt for this technique as your last chance.
Your choice depends upon the reason for eviction.
If the reason is that the tenant is not paying the rent in Lewisham, you can choose to re-enter the premises option without giving notice of the plan.
Reminding the tenant of any overdue rent is unnecessary as acknowledging continuance of the tenancy in Lewisham because this will lead to a waiver of your right to forfeit and will be required to wait the tenant misses the next payment of rent.
It is advised to drop a note of reclaiming on the entrance of the house in Bell Green, Catford, or Deptford and have a testifier to escort you, such as your solicitor or locksmith.
A section 146 notice needs to be given if any other terms have been broken before taking back the property possession in Lewisham.
The notification must be offered by your lawyer on all interested parties in Greater London, comprising the occupant, any mortgagee and any subtenant.
The notice has to state the status of the breach in Lewisham and if it needs corrective action within a certain period of time or compensation payment.
After the deadline is expired and no action is taken by the tenant then you can forfeit the agreement.
Additional rulings in Lewisham are applied to notices that involve breaches in the failing to maintain property conditions.
In some instances, tenants in Deptford, Bell Green, or Catford must be given statutory rights to claim.
In case this statutory protection is demanded by the Lewisham tenant (which needs to be fulfilled within 28 days following a section 146 notice), preliminary claim must be made to take permission from the court in Greater London before taking any more actions.
This can be exceptional only if the agreement includes a clause about entering the premises in Lewisham for repairing any fault at premises and claim the costs of the repair from the tenant as a debt.
This procedure involves making an application for possession in the county court in Greater London.
It is necessary to complete standard claim forms, which in Lewisham can now be submitted online in some courts.
Then the solicitor needs to serve these forms to the tenants in Lewisham within a strict time frame.
You are advised to always look for legal guidance regarding this considering its complexity and any fault may impede retrieval in Catford, Bell Green, or Deptford and lead to your losing a huge amount of money.
The tenants can be entertained with the relief from forfeiture in Greater London court if certain circumstances prevail.
Although the tenant does not have an automatic discretionary remedy available to the court, but if granted they may be able to continue to occupy the Lewisham premises under the lease they already have.
A tenant in Lewisham who has received a section 146 notice must make an application as soon as they can since they'll be fined if discovered to have delayed intentionally.
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