If you own some commercial properties in Crawley, there are several reasons why you may consider taking your premises back, the commonest reason is a breach of the lease terms by the tenants, and lack of proper Crawley property maintenance, payment default, constituting nuisance to the community, and subletting the premises without your permission are some outstanding reasons why you may consider the eviction option.
The Claiming possession of premise in Crawley, while it is still occupied by the tenant, is known as 'forfeiture'.
The lease can only be forfeited if there is a specific condition mentioned in the agreement that allows you to do so.
Without such a clause in the lease, then the landlord is prohibited by the law against evicting the commercial tenant in West Sussex under no circumstance whatsoever.
You can exercise Forfeiture in Crawley in two different ways if you have the right to do so:
Here you can enter the premises in Haywards Heath, Burgess Hill, or Horsham and practically change the locks.
This is a sensitive method because the tenant can file a 'relief from forfeiture' claim to the West Sussex court, if this is successful, the tenant will regain possession of the property in Crawley and also request for a settlement for losses as a result of unfair removal from the property.
This is the preferred method in Crawley as this follows correct court procedures, although it can be more lengthy and costly and this should be the last resort.
Consider the reason why you want to repossess the property when contemplating the ideal route to take.
For rent not being paid in Crawley it is not a requirement to provide any notice of your intention to forfeit; you can simple re-enter the property.
You shouldn't do anything to reveal the continuance of tenancy in Crawley, for example, reminding your tenant that the rent is overdue because this could result in a waiver of the right to forfeit and you may be forced to wait until the next rent payment is not paid.
It's recommended to post repossession notice on the front door of the property in Haywards Heath, Horsham, or Burgess Hill and bring along a witness such as your solicitor or locksmith.
In case of any other breaches, you must serve a section 146 notice before you are bound to premises repossession in Crawley.
Your solicitor is the one mandated to serve the notice on all parties that are interested, including any subtenant, any mortgagee, and the tenant in West Sussex.
It must include the type of violation and whether it can be corrected within a specific period in Crawley, or if a settlement must be made.
If the tenant refuses to pay the compensation or remedy the breach, you can go ahead and forfeit the lease without consequences.
When it comes to breach of repair in Crawley, some rules apply before serving the notice.
In some instances you may obliged to offer the tenant in Burgess Hill, Haywards Heath, or Horsham the chance to claim statutory protection.
If the occupant in Crawley 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 West Sussex.
This claim can be avoided if there is a clause in the lease, which allows the landlord to claim back any costs or repair damage incurred from the tenant by entering the property in Crawley.
The court forfeiture procedure begins by applying for possession in the county court in West Sussex.
There is a standard form for claims that will need to be completed which in Crawley may be submitted online in certain courts.
Moreover, the landlord has to provide the notice in the presence of the Solicitor to the tenant in Crawley.
However, this process is lengthy and can be very costly for the landlord, so you should always consult legal advice as this is a complex part of law and errors will slow the process in Haywards Heath, Horsham, or Burgess Hill.
The tenants can apply to the West Sussex court for relief from the forfeiture if some of the certain conditions are settled and maintained.
But, this doesn't imply that the leaseholder can enjoy the right automatically as it is an open cure found in court and if the leaseholder is handed the right, it implies that they may continue staying on the Crawley premises under the current tenancy.
A tenant in Crawley who has received a section 146 notice must make an application as soon as they can since they'll be fined if discovered to have delayed intentionally.
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