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Being a commercial landlord there can exist several reasons to have the possession of the Norfolk property back and violation of agreement terms by the tenant is common like damaging the property in Norfolk, having pending rents, creating problems for the neighbours assigning the premises to someone else without your approval/consent etc.
Forfeiture implies taking back your premises in Norfolk as the owner once an occupant has rented it.
However, you cannot forfeit the lease if the lease doesn't contain a specific clause that enables the landlord to do so.
It's recommended that all commercial landlords in Norfolk include such clause because, without it, your powers as a landlord are restricted.
When you have legitimate reasons to forfeit in Norfolk, you can do this in two different ways:
Here you can enter the premises in Great Yarmouth, King's Lynn, or Norwich and practically change the locks.
However, this is a dangerous option because the tenant may seek "relief from forfeiture", meaning the tenant will take back the possession and claim any loss in the illegal eviction in Norfolk, lay a claim for compensation in court in Norfolk.
This technique is regarded the best and most effective in Norfolk albeit it expensive and requires more time to complete court hearings, you are advised to opt for this technique as your last chance.
Consider the reason why you want to repossess the property when contemplating the ideal route to take.
For non-payment of the lease in Norfolk, you're not expected to provide any information about your purpose to forfeit; you can just go ahead to repossess your property.
It is important that you do not show any form of approval of their presence on the property in Norfolk such as reminding them of overdue rent, because this may result in a termination of your forfeiture rights and you may have to delay until they miss the next lease payment.
It is advised to drop a note of reclaiming on the entrance of the house in Norwich, Great Yarmouth, or King's Lynn and have a testifier to escort you, such as your solicitor or locksmith.
In the event that other agreements have been violated, first of all, you may have to serve Sec. 146 notice before taking back ownership of your property in Norfolk.
Your lawyer is supposed to serve all the involved parties in Norfolk like any mortgagees, subtenants as well as the tenant with the notice.
It must be specific on the nature of the breach in Norfolk and whether is needs remedial action within a reasonable time or the settlement of the compensation.
You can proceed to forfeit the lease if the breach has not be remedied or compensation not paid.
If the tenant broke any other lease terms in Norfolk, there are other rules as specified by law.
In certain situations you may wish to propose to your renter in Norwich, King's Lynn, or Great Yarmouth the option to lay claim to statutory protection.
If the tenant in Norfolk claims this protection within 28 days after receiving section 146 notice which he must do and the landlord cannot take any further action without having the Norfolk court's approval.
This can be avoided if the lease contains a clause allowing the landlord to enter the premises in Norfolk in order to remedy any repair defect and claim any costs incurred as a debt by the tenant.
The forfeiture court procedure begins by applying to the county court in Norfolk for possession.
You must complete the standard claim forms for this purpose and in Norfolk you can now submit these forms online in some courts.
Your solicitor will then serve the claim forms within a stipulated period to the tenant in Norfolk.
You should always take legal advice on this since it's a complex section of law, mistakes can be costly and delay repossession efforts in King's Lynn, Great Yarmouth, or Norwich.
Under some conditions, your tenant has the right to apply for relief from forfeiture from the court in Norfolk.
However, this does not mean that the tenant has an automatic right, it's a discretionary remedy that is available to a court and if the tenant is granted, it means they can continue living in the Norfolk property under the existing lease.
The tenant in Norfolk 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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