Landlords of commercial properties in Brent 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 Brent.
The professional name for retaining your property in Brent from the occupation of a tenant is called 'forfeiture'.
However, the leaseholder may just forfeit the tenancy in case there exists a particular clause within the contract that allows them to act like so.
Inclusion of such class in the agreement is strongly recommended to include these clauses in all Greater London commercial leases as lack of such a clause can restrict your powers.
You can exercise your right to forfeit a property in Brent in two ways:
This requires you to enter the premises in Alperton, Brent Park, or Church End effectively and change the locks.
The tenant has the right to apply to court in Greater London 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 Brent but they will also claim compensation for losses.
This is generally the preferred route in Brent, although it can be costly and time-consuming, as with any court proceedings, and it should only be considered a last resort.
Usually, the often chosen will depend on the reason for forfeiting the tenant.
Since the property can be re-entered by you in this scenario, there is no need to release any forfeit notice for delays in rent payment in Brent.
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 Brent, and you would need to wait until the next failed payment of rent before you can then forfeit the property again.
Ensure you go with a third-party before you leave a notice of repossession on the tenant's door in Church End, Alperton, or Brent Park, such as your solicitor or a locksmith.
If there are other breaches aside from the ones listed above, serve a Section 146 notice first before repossessing the Brent property.
The notice on all interested parties, including the tenant, any mortgagee, and any subtenant in Greater London must be served by your solicitor.
The notice should state the kind of breach in Brent and if it can be resolved within a given time or compensation payment.
If the violation has not be rectified or reimbursed as stated, you may move on with your forfeiture plans of the tenancy.
Notices that are related to breach of repair have more rules in Brent.
In some instances you may obliged to offer the tenant in Church End, Brent Park, or Alperton the chance to claim statutory protection.
If the occupant in Brent requests this security, which they must do within 28 days of receiving a section 146 letter, before taking any further steps, the owner must submit a conditional application for the approval of the court in Greater London.
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 Brent to check any damages to the area and claim any costs to the property from the tenant as debt.
The first step towards the court procedure for forfeiture is to approach the Greater London County Court and apply for an application possession.
You will have to complete a standard claim form that in Brent can also be submitted via the internet in some courts.
The forms will then be served to the tenant in Brent preferably by your solicitor within a strict time-frame.
You must seek legal advice as mistakes at this stage can be costly and the possession through court is a complex procedure, your claim for possession in Brent Park, Church End, or Alperton can be delayed by any misconduct.
Your tenant can apply to court in Greater London for forfeiture relief if specific conditions are met.
This isn't to say that all rights belong to the tenant, it is a discretionary right that the court possesses and the tenant can resume occupying the premises in Brent under the current lease if granted.
The tenants in Brent 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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