There could be a multitude reasons why commercial property owners in Guildford could want to regain building possession, one of the most common reasons is broken lease terms by the tenant, for example, disrupting the neighbours, damaging the Guildford property, failure to pay rent or leasing the property further without the tenants' knowledge.
Taking back possession of your property in Guildford whilst a tenant is occupying it is under a term known as "forfeiture."
However, you cannot forfeit the lease if the lease doesn't contain a specific clause that enables the landlord to do so.
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 Surrey.
With the forfeit right in Guildford, you can do these things:
Here you can enter the premises in Guildford, Godalming, or Aaron's Hill and practically change the locks.
However, it's considered risky because the tenant can take back possession with a 'relief from forfeiture' claim in Surrey court and claims compensation for losses incurred if they were wrongfully evicted in Guildford.
This is generally the preferred route in Guildford, although it can be costly and time-consuming, as with any court proceedings, and it should only be considered a last resort.
Grounds for regaining ownership could determine the path you decide to take.
If the tenant has failed to pay rent in Guildford, then the landlord is not legally obliged to provide notice of the intention to forfeit the property; you can easily re-enter the property.
You need not do anything that may show tenancy continuance in Guildford, for instance, repeating to your occupiers that their time to pay rent is over as it could lead to a waiver to the forfeiture right and be compelled to sit back and wait until rent is never paid again.
It's also recommended to leave a letter of repossession of the property on the door in Godalming, Guildford, or Aaron's Hill and to be accompanied with a witness such as a locksmith or solicitor.
For any other breaches, first it is a must you serve a section 146 notice before proceeding to take possession of the premises in Guildford.
All parties, such as any mortgagee, subtenant and tenant in Surrey should be served the notice by your solicitor.
The notice should state the kind of breach in Guildford and if it can be resolved within a given time or compensation payment.
The landlord can only proceed with the forfeiture of the lease if the breach wasn't remedied at the given time.
Notices for repair condition breaches have some additional rules in Guildford.
In certain situations, you may be required to provide the tenant in Aaron's Hill, Godalming, or Guildford the chance to claim statutory protection.
The rule is that a tenant in Guildford 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 Surrey's consensus.
This can be avoided if the lease has a clause which entitles the property owner to gain access to the premise in Guildford to correct any repair defect and claim any costs from the tenant that were incurred back as unsettled bills.
The process of Forfeiture begins with a possession application submitted to the county court in Surrey.
Standard claim forms are required to be filled in, which in Guildford the landlord can now submit online in a couple of courts.
These forms must be served to the tenant in Guildford, often by the landlord's solicitor, within a given timeframe.
Since this is a very complex process, seek professional advice from your solicitor to avoid making costly mistakes that can equally prolong the repossession period in Godalming, Aaron's Hill, or Guildford.
The tenant can apply to the Surrey court for relief from the forfeiture proceedings if specific requirements are met.
However, the tenant isn't entitled to this automatically, it is a process available from the court, but if the tenant can gain this then they will probably be allowed to continue to live in the Guildford property under their previous lease.
The tenants in Guildford have to work promptly once they have gotten the section 146 notice as there are penalties for filing without am applicable reason.
Based in Guildford, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.