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Landlords of commercial properties in West Sussex have many reasons to evict their renters and tenants, and take back possession of their property, some of those reasons include being a nuisance to neighbours, not paying rent, subletting the premise without the landlord's permission, and damaging property in West Sussex.
The process of regaining possession of your West Sussex property which may still be occupied by a tenant is known as 'forfeiture'.
However, you cannot forfeit the lease if the lease doesn't contain a specific clause that enables the landlord to do so.
As a West Sussex commercial property owner, it is advisable that you include the clause in your lease, without it, you are powerless.
If you have the right to forfeit in West Sussex it can be implemented in either of the following:
Here you can enter the premises in Bognor Regis, Littlehampton, or Worthing and practically change the locks.
The tenant has the right to apply to court in West Sussex for relief from forfeiture, so, it can be a little bit risky for you as the tenant will not only take back the possession of the property in West Sussex but they will also claim compensation for losses.
This is mostly the preferred path in West Sussex though, as with any judiciary proceedings, it can be expensive and long so should only be evaluated as a final resort.
Your reasons for regaining possession could have a role in deciding the route taken by you.
For rent not being paid in West Sussex it is not a requirement to provide any notice of your intention to forfeit; you can simple re-enter the property.
You need not do anything that may show tenancy continuance in West Sussex, 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.
However, it's advisable to leave a notice of repossession on the door in Worthing, Bognor Regis, or Littlehampton and have a witness such as your solicitor accompany you.
Before repossession of a property in West Sussex, landlords must first serve the tenant a Notice Section 146 prior to taking the premises' possession.
Your solicitor must serve the notice on all stakeholders, including the tenant, any mortgagee and any subtenant in West Sussex.
The notice should give details regarding the violation in West Sussex and in case it requires remedial measures with a particular time-frame or reimbursement.
You can proceed to forfeit the lease if the breach has not been remedied or the settlement has not been paid.
Other rules in West Sussex also govern notices connected to violation of repair.
There have been cases in which the landlord is required to offer the tenant in Littlehampton, Bognor Regis, or Worthing the chance to claim for statutory protection.
When the tenant in West Sussex uses this protection, they must respond within 28 days of getting a section 146 notice and the landlord must get a preliminary claim from the court in West Sussex before taking any further action.
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 West Sussex.
This process begins with the landlord making an application for possession of the property within the county court in West Sussex.
It is necessary to complete standard claim forms, which in West Sussex can now be submitted online in some courts.
The claim forms must then be sent to the West Sussex occupant, mostly by your lawyer, within a severe timeframe.
You should get legal advice as this area of law is tricky and mistakes on your part can delay the process in Littlehampton, Worthing, or Bognor Regis, as well as it being lengthy and costly.
The leaseholder may apply for forfeiting in court in West Sussex in case certain conditions have been met.
This is not an automatic privilege; it is a process where the court will determine the rights and if successful, the tenant may be granted to stay in the premises in West Sussex under the current lease agreement.
A tenant in West Sussex who has received a section 146 notice must make an application as soon as they can since they'll be fined if discovered to have delayed intentionally.
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