Landlords of commercial properties in Colchester 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 Colchester.
Taking back possession of your property in Colchester whilst a tenant is occupying it is under a term known as "forfeiture."
Although the lease can only be forfeited if you are permitted to do so as permitted in a certain clause in the agreement.
It is therefore necessary for each commercial tenancy in Essex to include that kind of tenancy since its exclusion would severely restrict the assets' owners' jurisdictions.
Colchester property owners bear forfeiture rights and they may execute it in the following ways:
You can enter the premises in Colchester, Abberton, or Clacton-On-Sea and change the locks where the tenant is staying.
It is risky as you may be convicted to the penalty if your tenant applies to the court in Essex for the relief and compensation and he can also take the possession back as a result of unlawful eviction in Colchester.
This is the most favourable way in Colchester, even though the proceedings take undue time and are costly, but this route is advised as the last resort.
How you proceed depends on the reason for repossession.
If non-payment of rent is the reason behind the eviction process in Colchester, you can re-enter the premises without notifying your tenant your decision to forfeit.
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 Colchester, and you would need to wait until the next failed payment of rent before you can then forfeit the property again.
It's also recommended to leave a letter of repossession of the property on the door in Clacton-On-Sea, Colchester, or Abberton and to be accompanied with a witness such as a locksmith or solicitor.
You must first deliver a warning under section 146 before you can take possession of the property in Colchester for any other violations.
Your solicitor must serve the notice to everyone involved including the landlord, subtenant and the tenant in Essex.
This notice will specify the remedial majors in Colchester or the compensation that needs to be done for breaking any clause.
If the tenant refuses to pay the compensation or remedy the breach, you can go ahead and forfeit the lease without consequences.
Additional rules in Colchester extend on notifications relevant to fix violations.
It is observed in some cases that tenants in Colchester, Clacton-On-Sea, or Abberton have the right to be given statutory protection.
In case this statutory protection is demanded by the Colchester tenant (which needs to be fulfilled within 28 days following a section 146 notice), preliminary claim must be made to take permission from the court in Essex before taking any more actions.
These circumstances can be avoided if there is a relevant clause in the lease which enables the owner of the premises in Colchester to repossess and claim any costs of damages and costs incurred from debt.
The court process for forfeiture commences by bringing a request for possession in the county court in Essex.
You will have to complete a standard claim form that in Colchester can also be submitted via the internet in some courts.
The claim forms must then be served to the Colchester tenant through your solicitor, within a strict time-frame.
You should get legal advice as this area of law is tricky and mistakes on your part can delay the process in Clacton-On-Sea, Abberton, or Colchester, as well as it being lengthy and costly.
The tenant can try to get relief from forfeiture by applying to the Essex court if certain 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 Colchester under their present lease.
As soon as the section 146 notice is delivered, the tenant in Colchester needs to make an application to the court because if they delayed the application unnecessarily, they will be penalized.
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