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There could be a multitude reasons why commercial property owners in Norwich could want to regain building possession, one of the most common reasons is broken lease terms by the tenant, for example, disrupting the neighbours, damaging the Norwich property, failure to pay rent or leasing the property further without the tenants' knowledge.
The process of regaining possession of your Norwich property which may still be occupied by a tenant is known as 'forfeiture'.
Nevertheless, the lease can only be given up by the tenant if the agreement states a particular clause which lets them do so.
It's recommended that every commercial lease to have such a lease because without it the powers of property owners in Norfolk will be restricted severely.
Where you possess the privilege to forfeit in Norwich, this can be handled in one of two ways:
This is whereby you enter the property in Keswick, Trowse Newton, or Cringleford and replace the locks.
It is risky as you may be convicted to the penalty if your tenant applies to the court in Norfolk for the relief and compensation and he can also take the possession back as a result of unlawful eviction in Norwich.
It is advisable to go about the commercial eviction processes by applying to the court, though it may take time and may cost money, it is the preferred method in Norwich.
The reasons for getting back possession may influence the route you take.
When there is non-payment of rent in Norwich, you may not have to inform the tenant of forfeiture because you can simply re-enter the premises and take possession.
You must not do anything that can cause the tenancy agreement to continue in Norwich which means your chances of forfeiture are reduced or completely vanished like you must not remind your tenant about any pending rent or wait for next payment to be missed.
You must leave a repossession notice on the premise door in Keswick, Cringleford, or Trowse Newton which should be done while in the company of either a locksmith or your solicitor who acts as the witness.
In case of breaking any clause from the lease agreement section, 146 will be exercised before getting back possession of the Norwich property.
Your solicitor is the one who must serve this notice to all parties; the tenant, mortgagee, subtenants in Norfolk.
It must indicate the essence of the violation in Norwich and whether it needs rectifying effort within a sensible time or the payment of reimbursement.
In case the breach hasn't been corrected or compensated as expected, you can move on to forfeit the lease.
Repair-related violation notices involve more regulations in Norwich.
There have been cases in which the landlord is required to offer the tenant in Cringleford, Keswick, or Trowse Newton the chance to claim for statutory protection.
If the tenant in Norwich 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 has a clause which entitles the property owner to gain access to the premise in Norwich to correct any repair defect and claim any costs from the tenant that were incurred back as unsettled bills.
The court process for forfeiture commences by bringing a request for possession in the county court in Norfolk.
You must complete the claim forms, in Norwich you can also submit the claim forms online in some courts.
The Norwich tenant must be served the claim forms by your solicitor within a stipulated 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 Cringleford, Trowse Newton, or Keswick.
Your tenant can apply to court in Norfolk for forfeiture relief if specific conditions are met.
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 Norwich premises under the lease they already have.
However, the tenant in Norwich is required to make an application immediately they receive a section 146 notice to avoid been penalized for unnecessary delay.
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