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There are several reasons why landlords of commercial properties in Lowestoft 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 Lowestoft property, assigning the property to someone else without your knowledge or not paying rent.
Taking possession of your property in Lowestoft is considered' forfeiture' while used by a resident.
Nevertheless, the lease can only be given up by the tenant if the agreement states a particular clause which lets them do so.
All commercial leases in Suffolk are advised to be such as the authority of the property owner would be highly restricted without it.
Lowestoft property owners bear forfeiture rights and they may execute it in the following ways:
This entails you successfully enter the property in Lowestoft, Beccles, or Bungay and switch the locks.
It is even more dangerous because the tenant can go to court in Suffolk for 'relief from foreclosure' where the tenant takes possession back and demands redress for damages arising from unlawful eviction in Lowestoft.
This is the commonly preferred method in Lowestoft, the downside is that, like any court case, it may be expensive and time consuming so it should only be used after all else has failed.
The reason for the repossession helps with choosing the right route.
If non-payment of rent is the reason behind the eviction process in Lowestoft, you can re-enter the premises without notifying your tenant your decision to forfeit.
Reminding the tenant of any overdue rent is unnecessary as acknowledging continuance of the tenancy in Lowestoft 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 therefore advisable to place a notice regarding repossession on the tenant's front door on your premises in Beccles, Lowestoft, or Bungay and call in your locksmith or lawyer as witness.
Notice 146 must be served before repossession of premises in Lowestoft if there are any other violations by the tenant.
Your lawyer is supposed to serve all the involved parties in Suffolk like any mortgagees, subtenants as well as the tenant with the notice.
The notice has to state the status of the breach in Lowestoft 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.
There are extra laws in Lowestoft that apply for notices relating to breaches of repair.
In some circumstances, you may be imposed to give the occupant in Lowestoft, Beccles, or Bungay the chance to maintain statutory security.
In case this statutory protection is demanded by the Lowestoft 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 Suffolk before taking any more actions.
This claim can be avoided if there is a clause in the lease, which allows the landlord to claim back any costs or repair damage incurred from the tenant by entering the property in Lowestoft.
The forfeiture court procedure begins by applying to the county court in Suffolk for possession.
The landlord has to fill the standard claim forms which in Lowestoft can either be done online in some courts.
The claim forms must then be sent to the Lowestoft occupant, mostly by your lawyer, within a severe timeframe.
Since this is a very complex process, seek professional advice from your solicitor to avoid making costly mistakes that can equally prolong the repossession period in Bungay, Lowestoft, or Beccles.
The tenant can try to get relief from forfeiture by applying to the Suffolk court if certain conditions 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 Lowestoft under their existing lease.
As soon as the section 146 notice is delivered, the tenant in Lowestoft needs to make an application to the court because if they delayed the application unnecessarily, they will be penalized.
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