Landlords of commercial properties in Bognor Regis 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 Bognor Regis.
You can take back the possession of the property in Bognor Regis from the tenant while it is occupied, this kind of Clause is called forfeiture.
The landlord can only be allowed to forfeit if there was a clause in the lease that grants him the freedom to do so.
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 West Sussex.
You can carry out the activity in Bognor Regis using either of the options:
Under this arrangement, you change the locks on the premises in Sidlesham, Pagham, or Highleigh.
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 Bognor Regis but they will also claim compensation for losses.
This is the most preferred route in Bognor Regis, but it's costly and lengthy as with any court proceedings, so, it should only be considered as a last resort.
Usually, the often chosen will depend on the reason for forfeiting the tenant.
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 Bognor Regis; you can simply re-enter the premises.
It is advised not to give notice of any overdue rent, as doing such an action will give away your right to forfeit the property in the moment in Bognor Regis, and you would need to wait until the next failed payment of rent before you can then forfeit the property again.
You must leave a repossession notice on the premise door in Highleigh, Sidlesham, or Pagham which should be done while in the company of either a locksmith or your solicitor who acts as the witness.
Notice 146 must be served before repossession of premises in Bognor Regis if there are any other violations by the tenant.
Your lawyer is supposed to serve all the involved parties in West Sussex like any mortgagees, subtenants as well as the tenant with the notice.
It must define the extent of the violation in Bognor Regis and whether, within a reasonable time, this needs remedial action or monetary pay-out.
If the violation has not be rectified or reimbursed as stated, you may move on with your forfeiture plans of the tenancy.
Repair-related violation notices involve more regulations in Bognor Regis.
For instance, some cases require that the tenant in Sidlesham, Pagham, or Highleigh is allowed to claim statutory protection.
If the tenant in Bognor Regis claims this protection within 28 days after receiving section 146 notice which he must do and the landlord cannot take any further action without having the West Sussex court's approval.
This can be avoided if the lease has a clause which entitles the property owner to gain access to the premise in Bognor Regis to correct any repair defect and claim any costs from the tenant that were incurred back as unsettled bills.
The forfeiture process starts with an application to the county court in West Sussex for possession.
The landlord has to fill the standard claim forms which in Bognor Regis can either be done online in some courts.
The Claim Forms would be served on the tenant(s) in Bognor Regis by the landlord's solicitor within a strict timeframe.
It is necessary to consult legal experts because this is an intricate aspect of law and making errors may slow down your possession in Pagham, Sidlesham, or Highleigh and even cause irreparable damage.
For forfeiture, an application can be made in court in West Sussex assuming particular conditions are met.
Although the tenant is not automatically entitled to it, this is a non-obligatory solution provided by the court, however, if it is approved, the tenant may continue to remain on the property in Bognor Regis under their present lease.
The occupant in Bognor Regis should make a request as soon as they collect a section 146 notification since they will be chastised if they are discovered to have delayed needlessly.
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