When it is a commercial premise in Gillingham, there are a lot of reasons why the landowner would want to evict the tenant, however, the landowner can still take possession and evict the tenant from a commercial land, the reason for eviction can be the breaking of rules from the lease agreement, not paying the rent on time, not maintaining the Gillingham property, or subletting the property without your knowledge.
Forfeiture refers to regaining possession of your property in Gillingham as a landlord when a tenant has occupied it.
Although the lease can only be forfeited if you are permitted to do so as permitted in a certain clause in the agreement.
If no clause enables you to do so, your rights as a landlord are restricted severely, so it is advised that such clauses are included for all commercial leases in Kent.
There are two ways to use the right of forfeiture in Gillingham:
You as a landlord can take back their properties in Wouldham, Gillingham, or Westfield Sole by changing the locks.
This is a risky method as the tenant could later apply for assistance in court in Kent in order to retain possession of the property along with claiming any compensation for the way they were terminated in Gillingham as it could have caused prospective loss.
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 Gillingham.
The reason for the repossession helps with choosing the right route.
There is no need of notifying your tenants of your forfeiture plans for rent arrears in Gillingham due to the fact you have the rights to re-enter your premises.
It is not mandatory to agree on the continuity of the tenancy in Gillingham such as prompt the tenant of any rent that is unpaid, as this may lead to a waiver of your right to forfeit and you will have to wait until the following rent settlement is unpaid.
The repossession notice should be posted on the main entrance door of the rented property in Gillingham, Wouldham, or Westfield Sole and for this a witness should be brought along like a locksmith or solicitor.
Notice 146 must be served before repossession of premises in Gillingham if there are any other violations by the tenant.
Your solicitor is the one who must serve this notice to all parties; the tenant, mortgagee, subtenants in Kent.
The status of the violation in Gillingham needs to be clearly stated in the notice along with any compensation payment or corrective action required within a particular time period.
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 Gillingham extend on notifications relevant to fix violations.
There have been cases in which the landlord is required to offer the tenant in Wouldham, Westfield Sole, or Gillingham the chance to claim for statutory protection.
The rule is that a tenant in Gillingham seeking this claim must do so within 28 days of a Notice of Section 146 and the landlord must get a preliminary claim with the court in Kent's consensus.
However, all of this can be avoided if a clause in the lease is included that entitles the landlord to go into the property in Gillingham to check any damages to the area and claim any costs to the property from the tenant as debt.
The court forfeiture procedure begins by applying for possession in the county court in Kent.
You must complete the standard claim forms for this purpose and in Gillingham you can now submit these forms online in some courts.
The claim forms must then be sent to the Gillingham occupant, mostly by your lawyer, within a severe timeframe.
As it is a law area that is complicated, you should always take legal advice on this, and errors can slow down your repossession in Gillingham, Westfield Sole, or Wouldham and be costly.
Relief from forfeiture can be applied for by the tenant to Kent court when certain conditions have been achieved.
Although the tenant does not have an automatic discretionary remedy available to the court, but if granted they may be able to continue to occupy the Gillingham premises under the lease they already have.
If a tenant in Gillingham has received section 146 notice, he is required to make an application at their earliest or they will be fined if known to delay on purpose.
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