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If you are the landlord of a commercial property in Wandsworth, there are countless reasons why you would want to regain the possession of your property, the most common reason is when a tenant violates their rental agreement, such as inadequate maintenance of the Wandsworth property, constituting a nuisance to other properties around, subleasing the property without your permission, or even owing rents.
When you take back the possession of your property in Wandsworth from a tenant, it's known as 'forfeiture'.
You should have a specific clause that allows the landlord to take back their properties from tenants.
The landlords powers are severely restricted if the commercial lease doesn't contain such a clause, therefore, you must mention it in all the commercial leases in Greater London.
Your right to forfeit in Wandsworth can be exercised in following ways:
This involves the landlord entering the property in Balham, Battersea, or Putney and physically changing the locks.
It is assumed to be also unsafe as your tenant could apply to court in Greater London for 'relief from forfeiture', where the occupant snatch back occupancy and requests reimbursement for penalties incurred as an outcome of illicit expulsion in Wandsworth.
This is often the most preferred option in Wandsworth, 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.
If the tenant has failed to pay the rent in Wandsworth, giving notice with the intention of forfeiture is not necessary instead you just re-enter the premise.
You need not do anything that may show tenancy continuance in Wandsworth, for instance, repeating to your occupiers that their time to pay rent is over as it could lead to a waiver to the forfeiture right and be compelled to sit back and wait until rent is never paid again.
It is advised to put a repossession notice on the door in Battersea, Putney, or Balham whilst a locksmith or your solicitor is there as a witness.
Any other types of breaches to the lease will require a serving of a section 146 notice before any action can be taken to retake the property in Wandsworth.
The notice on all interested parties, including the tenant, any mortgagee, and any subtenant in Greater London must be served by your solicitor.
The reason for the serving must be included as well as if any remedial action within a given time of compensation of payment is needed in Wandsworth.
If the compensation is not done or any violations not resolved, then you can exercise the forfeit.
Additional rules in Wandsworth extend on notifications relevant to fix violations.
In some instances you may obliged to offer the tenant in Balham, Battersea, or Putney the chance to claim statutory protection.
If the Wandsworth tenant decides to do this, which must be done within 28 days of receiving the 146 notice, then the landlord must make a preliminary claim to the court in Greater London before any other actions can progress.
However, all of this can be avoided if a clause in the lease is included that entitles the landlord to go into the property in Wandsworth to check any damages to the area and claim any costs to the property from the tenant as debt.
If you want to carry out forfeiture, you must make an application for possession in the Greater London county court to start the court procedure.
Standard claim forms are required to be filled in, which in Wandsworth the landlord can now submit online in a couple of courts.
These forms must be served to the tenant in Wandsworth, often by the landlord's solicitor, within a given timeframe.
Legal advice is suggested in this case as it is a complicated part of the law and mistakes could cause delays in repossession in Putney, Balham, or Battersea and cost money.
Your occupant can apply to court in Greater London for comfort from forfeiture if specific requirements are fulfilled.
The occupant doesn't possess an automated right yet; this is an optional solution accessible to the court, but if approved, they may be able to proceed to inhabit the building in Wandsworth under their occurring rent.
The tenant in Wandsworth should apply immediately they receive a section 146 notice since they will be penalized if found to have delayed intentionally.
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