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If you own some commercial properties in Suffolk, there are several reasons why you may consider taking your premises back, the commonest reason is a breach of the lease terms by the tenants, and lack of proper Suffolk property maintenance, payment default, constituting nuisance to the community, and subletting the premises without your permission are some outstanding reasons why you may consider the eviction option.
When you take back the possession of your property in Suffolk from a tenant, it's known as 'forfeiture'.
Although the lease can only be forfeited if you are permitted to do so as permitted in a certain clause in the agreement.
Inclusion of such class in the agreement is strongly recommended to include these clauses in all Suffolk commercial leases as lack of such a clause can restrict your powers.
Where you possess the privilege to forfeit in Suffolk, this can be handled in one of two ways:
This refers to the case where you move into the building in Lowestoft, Ipswich, or Bury Saint Edmunds and have the locks replaced.
This is a sensitive method because the tenant can file a 'relief from forfeiture' claim to the Suffolk court, if this is successful, the tenant will regain possession of the property in Suffolk and also request for a settlement for losses as a result of unfair removal from the property.
This is normally considered the best way in Suffolk although it may be costly and time consuming with court proceedings but it's advisable to use this route only as the last option.
The route you opt to take most of the times depends on the reason for the repossession.
There is no need of notifying your tenants of your forfeiture plans for rent arrears in Suffolk due to the fact you have the rights to re-enter your premises.
You don't need to acknowledge the continuance of the tenancy in Suffolk, such as reminds the tenant of any overdue rent as this can mean your forfeit your rights and must wait until the next missed payment to take action.
The repossession notice should be posted on the main entrance door of the rented property in Ipswich, Bury Saint Edmunds, or Lowestoft and for this a witness should be brought along like a locksmith or solicitor.
A section 146 notice needs to be given if any other terms have been broken before taking back the property possession in Suffolk.
All parties, such as any mortgagee, subtenant and tenant in Suffolk should be served the notice by your solicitor.
The nature of the breach in Suffolk must be mentioned in the notice and whether payment is required for damages.
If the violation has not been mended or the reimbursement paid as mandated, then you can continue to forfeit the rent.
When it comes to breach of repair in Suffolk, some rules apply before serving the notice.
In certain situations, the landlord may be required to provide the tenant in Lowestoft, Bury Saint Edmunds, or Ipswich with statutory protection.
If the tenant in Suffolk demands this protection, which they must do within 4 weeks of receiving a section 146 notice, the property owner must make an initial claim asking for permission from the court in Suffolk prior acting further.
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 Suffolk.
Applying to the Suffolk county court for possession is the first step in the court proceedings for forfeiture.
The landlord must complete standard claim forms where in some courts, in Suffolk the forms of submission can be done online.
Then the solicitor needs to serve these forms to the tenants in Suffolk within a strict time frame.
It is recommended that you always seek legal advice on this matter since it is complicated and any mistake can delay repossession in Lowestoft, Ipswich, or Bury Saint Edmunds and cost you lots of money.
Your tenant can apply to court in Suffolk 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 Suffolk premises under the lease they already have.
The tenants in Suffolk have to work promptly once they have gotten the section 146 notice as there are penalties for filing without am applicable reason.
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