If you own some commercial properties in Croydon, 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 Croydon 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 process of regaining possession of your Croydon property which may still be occupied by a tenant is known as 'forfeiture'.
However, you can only forfeit the lease if there is a specific clause permitting you to do so.
It is advisable to contain such a clause for all commercial leases in Greater London as your powers as a landlord will be severely restricted without it.
With the forfeit right in Croydon, you can do these things:
Through this channel you enter the premises in Caterham, Warlingham, or New Addington and change the locks.
However, this is a dangerous option because the tenant may seek "relief from forfeiture", meaning the tenant will take back the possession and claim any loss in the illegal eviction in Croydon, lay a claim for compensation in court in Greater London.
This is the commonly preferred method in Croydon, the downside is that, like any court case, it may be expensive and time consuming so it should only be used after all else has failed.
Usually, the often chosen will depend on the reason for forfeiting the tenant.
In case of pending dues in Croydon, you can simply enter the premises and you don't need to serve a notice of forfeiture to the tenant.
You'd be causing damage to your right to forfeit if you considered sending a reminder to the tenant of any overdue rent in Croydon, after that you won't be able to forfeit unless the next rent payment is missed.
You can simply leave a notice of repossession on the door of the property in New Addington, Warlingham, or Caterham and don't forget to bring a witness with you, a solicitor or a locksmith.
You must first deliver a warning under section 146 before you can take possession of the property in Croydon for any other violations.
All parties, such as any mortgagee, subtenant and tenant in Greater London should be served the notice by your solicitor.
It must indicate the essence of the violation in Croydon and whether it needs rectifying effort within a sensible time or the payment of reimbursement.
If the violation has not been resolved or if the settlement has not been paid as stated, then the process of forfeiture may begin.
There are more rules in Croydon associated with the breach of repair.
These clauses give the tenant in Caterham, New Addington, or Warlingham a chance to come to statutory protection.
In case you leaseholder in Croydon applies for the statutory protection, (to be completed within 28 days upon receiving a Sec. 146 order notice), may opt for a preliminary permission claim in court in Greater London before moving to the next step.
The landowner may evade this in case the tenancy contains a clause allowing them to move into the Croydon premises to rectify any damages and later on ask for reimbursement of the incurred expenses from the tenant in terms of a debt.
For the possession, through the court, you have to file an application in the county court in Greater London.
You must complete some standard claim forms and in Croydon you can submit them online.
Moreover, the landlord has to provide the notice in the presence of the Solicitor to the tenant in Croydon.
You should constantly receive legal advice on this as it is a complicated area of law, and errors can be expensive and slow down your reclaiming in New Addington, Caterham, or Warlingham.
Your occupant can apply to court in Greater London for comfort from forfeiture if specific requirements are fulfilled.
However, the tenant doesn't have an automatic right to get the relief and the court will decide whether they deserve the relief, but they will be able to occupy the Croydon premises if the court grants them some relief.
The tenant in Croydon is advised to apply for this straight away after receiving the section 146 notice as they can be penalised for any unnecessarily delayed time.
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