When it is a commercial premise in Barking, there are a lot of reasons why the landowner would want to evict the tenant, however, the landowner can still take possession and evict the tenant from a commercial land, the reason for eviction can be the breaking of rules from the lease agreement, not paying the rent on time, not maintaining the Barking property, or subletting the property without your knowledge.
You can take back the possession of the property in Barking from the tenant while it is occupied, this kind of Clause is called forfeiture.
The lease can only be forfeited if there is a specific condition mentioned in the agreement that allows you to do so.
All commercial leases in Greater London are advised to be such as the authority of the property owner would be highly restricted without it.
When you have legitimate reasons to forfeit in Barking, you can do this in two different ways:
This involves the landlord entering the property in Barking, Cranbrook, or Loughton and physically changing the locks.
This technique is risky considering that the leaseholder may request for forfeiture relief in a Greater London court of law to get back ownership and demand for reimbursement for the loss that may have been incurred following unlawful eviction in Barking.
It should always be considered as the last resort as it can be lengthy process and it can cost you a lot, however, it's the preferred way of carrying out eviction in commercial properties in Barking.
The reason for the repossession helps with choosing the right route.
When a tenant is no longer paying rent in Barking, you can re-enter the premises, but you are not required to give any notice of your intention to forfeit.
It is not mandatory to agree on the continuity of the tenancy in Barking such as prompt the tenant of any rent that is unpaid, as this may lead to a waiver of your right to forfeit and you will have to wait until the following rent settlement is unpaid.
It is advised to put a repossession notice on the door in Cranbrook, Loughton, or Barking whilst a locksmith or your solicitor is there as a witness.
In the event that other agreements have been violated, first of all, you may have to serve Sec. 146 notice before taking back ownership of your property in Barking.
Your solicitor is the one who must serve this notice to all parties; the tenant, mortgagee, subtenants in Greater London.
The specific nature of the breach in Barking must be specified in the notice and it should also indicate whether payment of compensation is necessary.
If these demands are not met, then the property you can continue to forfeit the lease.
There are extra laws in Barking that apply for notices relating to breaches of repair.
In certain situations you may wish to propose to your renter in Loughton, Barking, or Cranbrook the option to lay claim to statutory protection.
When the tenant in Barking 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 Greater London before taking any further action.
This can be avoided if the lease has a clause which entitles the property owner to gain access to the premise in Barking to correct any repair defect and claim any costs from the tenant that were incurred back as unsettled bills.
For the possession, through the court, you have to file an application in the county court in Greater London.
You should fill in an ordinary claim form, which in Barking may be delivered online in certain courts.
Thereafter, the forms should be delivered to the Barking leaseholder by the lawyer within a given time-frame.
This being an area of law that is complex, any delay mistake may be costly and repossession in Cranbrook, Barking, or Loughton delayed, so it is advised to always seek legal advice.
Relief from forfeiture can be applied for by the tenant to Greater London court when certain conditions have been achieved.
This is a discretionary relief, not an automatic right, and if granted, your tenant can continue to live in the premises in Barking under their existing lease.
As soon as the section 146 notice is delivered, the tenant in Barking needs to make an application to the court because if they delayed the application unnecessarily, they will be penalized.
Based in Barking, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.