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If you are a commercial building landlord in Southend-on-Sea, then there could be a few good reasons why you would want to retain possession of the premises, commonly, you may want it back if the current tenant is breaking rules set out in the lease terms, this could include failing to pay rent, not maintaining the Southend-on-Sea property, disturbing the neighbours, or subletting the property without permission or consent.
Claiming ownership of your Southend-on-Sea property when inhabited by an occupant is called 'forfeiture'.
However, the forfeiture option for a lease can only be effected if a clause in the lease enables you to that.
Without this clause, there is an extreme limitation of your rights as a landlord, so it is recommended that such clauses should be included in all commercial rentals in Essex.
This can be done in one of two cases where you have the option to forfeit in Southend-on-Sea:
Here you can enter the premises in Canvey Island, Rochford, or Rayleigh and practically change the locks.
It is risky as you may be convicted to the penalty if your tenant applies to the court in Essex for the relief and compensation and he can also take the possession back as a result of unlawful eviction in Southend-on-Sea.
This is often the most preferred option in Southend-on-Sea, but, as like with most court processes, it may turn out to be costly and take up a lot of time.
The grounds for possession usually determine the method you may decide to use.
You don't need to provide a notice of your intention to forfeit if you are dealing with tenants who haven't paid rent in Southend-on-Sea; you can simply re-enter the premises.
You shouldn't do anything to reveal the continuance of tenancy in Southend-on-Sea, for example, reminding your tenant that the rent is overdue because this could result in a waiver of the right to forfeit and you may be forced to wait until the next rent payment is not paid.
It's recommended to post repossession notice on the front door of the property in Canvey Island, Rayleigh, or Rochford and bring along a witness such as your solicitor or locksmith.
You must first deliver a warning under section 146 before you can take possession of the property in Southend-on-Sea for any other violations.
All parties, such as any mortgagee, subtenant and tenant in Essex should be served the notice by your solicitor.
It must be specific on the nature of the breach in Southend-on-Sea and whether is needs remedial action within a reasonable time or the settlement of the compensation.
If the violation has not been resolved or if the settlement has not been paid as stated, then the process of forfeiture may begin.
Other rules in Southend-on-Sea also govern notices connected to violation of repair.
In some instances you may obliged to offer the tenant in Rochford, Canvey Island, or Rayleigh the chance to claim statutory protection.
In case this statutory protection is demanded by the Southend-on-Sea 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 Essex before taking any more actions.
This can be avoided if the lease contains a clause allowing the landlord to enter the premises in Southend-on-Sea 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 Essex for possession.
Standard claim forms are required to be filled in, which in Southend-on-Sea the landlord can now submit online in a couple of courts.
The forms will then be served to the tenant in Southend-on-Sea preferably by your solicitor within a strict time-frame.
However, this process is lengthy and can be very costly for the landlord, so you should always consult legal advice as this is a complex part of law and errors will slow the process in Canvey Island, Rayleigh, or Rochford.
The leaseholder may apply for forfeiting in court in Essex in case certain conditions have been met.
But, this doesn't imply that the leaseholder can enjoy the right automatically as it is an open cure found in court and if the leaseholder is handed the right, it implies that they may continue staying on the Southend-on-Sea premises under the current tenancy.
The tenant in Southend-on-Sea 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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