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As a commercial premise property owner in Margate 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 Margate in good condition by repairing them, being annoying to fellow tenants or assigning or subletting the premise without your permission.
Taking back possession of your property in Margate whilst a tenant is occupying it is under a term known as "forfeiture."
But this can only be done if there is a specific clause within the tenant lease that allows the property owner to do this.
As a Kent commercial property owner, it is advisable that you include the clause in your lease, without it, you are powerless.
This can be done in one of two cases where you have the option to forfeit in Margate:
Under this arrangement, you change the locks on the premises in Broadstairs, Margate, or Ramsgate.
This is a sensitive method because the tenant can file a 'relief from forfeiture' claim to the Kent court, if this is successful, the tenant will regain possession of the property in Margate and also request for a settlement for losses as a result of unfair removal from the property.
Under this you have to contact the court for possession and this can be costly and lengthy but it is the preferred way in Margate but you should keep this as your final option.
The reasons filed for the repossession can also determine the direction of the eviction procedures.
Since the property can be re-entered by you in this scenario, there is no need to release any forfeit notice for delays in rent payment in Margate.
You must not perform anything to admit the continuation of the occupancy in Margate, such as prompt the occupant of any outstanding lease, as this may result to the disclaimer of your right to forfeit and you will have to stay till the subsequent lease fee is skipped.
It is advised to drop a note of reclaiming on the entrance of the house in Margate, Ramsgate, or Broadstairs and have a testifier to escort you, such as your solicitor or locksmith.
Before repossession of a property in Margate, landlords must first serve the tenant a Notice Section 146 prior to taking the premises' possession.
Your solicitor is the one who must serve this notice to all parties; the tenant, mortgagee, subtenants in Kent.
The specific nature of the breach in Margate must be specified in the notice and it should also indicate whether payment of compensation is necessary.
If the violation has not been mended or the reimbursement paid as mandated, then you can continue to forfeit the rent.
There are further laws that pertain to notification relating to violations of repair in Margate.
In some instances you may obliged to offer the tenant in Broadstairs, Ramsgate, or Margate the chance to claim statutory protection.
Before taking any further action, the landlord must make a preliminary claim for the Kent court's permission if the tenant in Margate 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 Margate in order to correct defects in repair and subsequently claim the incurred costs as debt from the occupier.
The process of Forfeiture begins with a possession application submitted to the county court in Kent.
Standard claim forms are required to be filled in, which in Margate the landlord can now submit online in a couple of courts.
The claim forms must then be served within a strict time frame on the tenant in Margate, usually by your solicitor.
This being an area of law that is complex, any delay mistake may be costly and repossession in Ramsgate, Broadstairs, or Margate delayed, so it is advised to always seek legal advice.
If certain conditions are met, your tenant may apply to court in Kent for relief from forfeiture.
Although the tenant is not automatically entitled to it, this is a non-obligatory solution provided by the court, however, if it is approved, the tenant may continue to remain on the property in Margate under their present lease.
The tenant in Margate is advised to apply for this straight away after receiving the section 146 notice as they can be penalised for any unnecessarily delayed time.
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