As a landlord of commercial property in Chelsea, there are many grounds why you may want to take back custody of your premises, the most prominent being where the tenant is in default of their conditions of lease; such as not paying rent, not maintaining the Chelsea premises in good repair, being a hazard to neighbours or transferring or subordinating the premises without your permission.
When you take back the possession of your property in Chelsea from a tenant, it's known as 'forfeiture'.
Nevertheless, the tenant can only forfeit the lease if there was a certain clause in the agreement that enables them to do so.
Every commercial lease in Greater London should have such a clause in your tenancy agreement that would increase your chances of taking back possession of your premises.
If you have the right to forfeit in Chelsea it can be implemented in either of the following:
You can enter the premises in Worlds End Estate, Chelsea, or Coleridge Gardens and change the locks where the tenant is staying.
This method poses more risk because the tenant may apply for relief from forfeiture in court in Greater London to regain possession as well as claiming compensation for any loss incurred due to wrongful removal in Chelsea.
This is mostly the preferred path in Chelsea though, as with any judiciary proceedings, it can be expensive and long so should only be evaluated as a final resort.
Your choice depends upon the reason for eviction.
There is no need of notifying your tenants of your forfeiture plans for rent arrears in Chelsea due to the fact you have the rights to re-enter your premises.
You don't need to acknowledge the continuance of the tenancy in Chelsea, such as reminds the tenant of any overdue rent as this can mean your forfeit your rights and must wait until the next missed payment to take action.
It is advised to put a repossession notice on the door in Worlds End Estate, Chelsea, or Coleridge Gardens 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 Chelsea.
The notification must be offered by your lawyer on all interested parties in Greater London, comprising the occupant, any mortgagee and any subtenant.
The notice should give details regarding the violation in Chelsea and in case it requires remedial measures with a particular time-frame or reimbursement.
The landlord can only proceed with the forfeiture of the lease if the breach wasn't remedied at the given time.
There are other stipulations that govern notices for repair violations in Chelsea.
It is observed in some cases that tenants in Worlds End Estate, Coleridge Gardens, or Chelsea have the right to be given statutory protection.
In case the statutory protection is claimed, the tenant in Chelsea must do this within 28 days of section 146 notice, the landlord has to take the Greater London court's permission with a preliminary claim.
The landlord can avoid this if the lease has a clause that permits them to enter the property in Chelsea to correct any repair defect and then claim the costs incurred from the occupier as debt.
Applying to the Greater London county court for possession is the first step in the court proceedings for forfeiture.
The landlord must complete standard claim forms where in some courts, in Chelsea the forms of submission can be done online.
Thereafter, the forms should be delivered to the Chelsea leaseholder by the lawyer within a given time-frame.
You should get legal advice as this area of law is tricky and mistakes on your part can delay the process in Coleridge Gardens, Chelsea, or Worlds End Estate, as well as it being lengthy and costly.
Relief from forfeiture can be applied for by the tenant to Greater London court when certain conditions have been achieved.
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 Chelsea under the current lease agreement.
After receiving a section 146 notice an application must be filed by the Chelsea tenant as soon as possible otherwise they will be convicted to a penalty for unnecessary delay.
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