If you are a commercial building landlord in Enfield, then there could be a few good reasons why you would want to retain possession of the premises, commonly, you may want it back if the current tenant is breaking rules set out in the lease terms, this could include failing to pay rent, not maintaining the Enfield property, disturbing the neighbours, or subletting the property without permission or consent.
Forfeiture refers to regaining possession of your property in Enfield as a landlord when a tenant has occupied it.
You should have a specific clause that allows the landlord to take back their properties from tenants.
It is therefore necessary for each commercial tenancy in Greater London to include that kind of tenancy since its exclusion would severely restrict the assets' owners' jurisdictions.
There are two ways to use the right of forfeiture in Enfield:
This involves the ability for you to gain access to your premises in Crews Hill, Wormley, or Hoddesdon and being able to change the locks.
It is assumed to be also unsafe as your tenant could apply to court in Greater London for 'relief from forfeiture', where the occupant snatch back occupancy and requests reimbursement for penalties incurred as an outcome of illicit expulsion in Enfield.
This normally is the preferred option in Enfield although, as with any proceedings of the court, it can be costly to you and takes long, you should therefore consider it as the last option.
The option you opt for depends on the reason for repossession.
You don't have to issue any notice of your plans to forfeit for non-payment of rent in Enfield simply because you can re-enter the property.
It is imperative that you don't give the tenant a reminder of the overdue rent in Enfield, otherwise, you may lose your right to forfeit because of acknowledgement, and if that happens, you are at the mercy of the tenant because you are helpless until the tenant default on the next rent payment.
It is recommended that you drop a notice of repossession at the front door of the property in Hoddesdon, Crews Hill, or Wormley in the presence of a witness such as a locksmith, or even your solicitor is recommended.
In case of any other breaches, you must serve a section 146 notice before you are bound to premises repossession in Enfield.
Your solicitor must serve the notice on all stakeholders, including the tenant, any mortgagee and any subtenant in Greater London.
The specific nature of the breach in Enfield must be specified in the notice and it should also indicate whether payment of compensation is necessary.
You can forfeit the lease if the breach is not rectified or reimbursed.
Notices that are related to breach of repair have more rules in Enfield.
These clauses give the tenant in Wormley, Hoddesdon, or Crews Hill a chance to come to statutory protection.
If the Enfield occupant professes this security, which they must do within 28 days of obtaining a section 146 notification, the landowner must make a preliminary statement for the Greater London court's authorisation before taking any other action.
The landlord can avoid this if the lease has a clause that permits them to enter the property in Enfield to correct any repair defect and then claim the costs incurred from the occupier as debt.
The landlord can apply to the court by making an application of possession in the county court in Greater London.
Standard claim forms must be filed, some courts permit the online submission of these forms in Enfield.
These forms must be served to the tenant in Enfield, often by the landlord's solicitor, within a given timeframe.
This is a complex area of law, and any mistakes can delay your repossession in Hoddesdon, Wormley, or Crews Hill and be costly, so you need to take legal advice.
The tenants can be entertained with the relief from forfeiture in Greater London court if certain circumstances prevail.
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 Enfield premises under the current tenancy.
After receiving a section 146 notice an application must be filed by the Enfield tenant as soon as possible otherwise they will be convicted to a penalty for unnecessary delay.
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