If you own some commercial properties in Fulham, 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 Fulham 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.
Regaining property possession in Fulham when a tenant still occupies the premises is otherwise 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.
You can carry out the activity in Fulham using either of the options:
This involves the landlord entering the property in Parsons Green, Walham Green, or Fulham and physically changing the locks.
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 Fulham.
It is advisable to go about the commercial eviction processes by applying to the court, though it may take time and may cost money, it is the preferred method in Fulham.
Your reasons for regaining possession could have a role in deciding the route taken by you.
If the reason is that the tenant is not paying the rent in Fulham, you can choose to re-enter the premises option without giving notice of the plan.
You must not perform anything to admit the continuation of the occupancy in Fulham, such as prompt the occupant of any outstanding lease, as this may result to the disclaimer of your right to forfeit and you will have to stay till the subsequent lease fee is skipped.
You can simply leave a notice of repossession on the door of the property in Fulham, Parsons Green, or Walham Green and don't forget to bring a witness with you, a solicitor or a locksmith.
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 Fulham.
The landlord's solicitor will serve the notice to all the interested parties, such as the tenant(s), the subtenant(s), and the mortgagee(s) in Greater London.
The specific nature of the breach in Fulham must be specified in the notice and it should also indicate whether payment of compensation is necessary.
If there is neither remedial action nor compensation payment as needed then steps for lease forfeiture are acceptable.
There are other extra rules in Fulham related to repair violations.
In certain situations, you may be required to provide the tenant in Fulham, Parsons Green, or Walham Green the chance to claim statutory protection.
This must be claimed by the Fulham tenant not more than 28 days after getting a section 146 notice and the landlord is required to apply for a preliminary claim for permission from the court in Greater London before doing anything else.
This can be exceptional only if the agreement includes a clause about entering the premises in Fulham for repairing any fault at premises and claim the costs of the repair from the tenant as a debt.
The forfeiture process starts with an application to the county court in Greater London for possession.
The landlord must complete standard claim forms where in some courts, in Fulham the forms of submission can be done online.
The Claim Forms would be served on the tenant(s) in Fulham by the landlord's solicitor within a strict timeframe.
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 Fulham, Walham Green, or Parsons Green.
The leaseholder may apply for forfeiting in court in Greater London in case certain conditions have been met.
Although that's not the tenant's automatic rights, the court can offer this remedy at its discretion that may allow the tenant to continue using the premises in Fulham while the existing lease lasts.
The tenant in Fulham 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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