As a commercial premise property owner in Ipswich there are a lot of reasons for the need to repossess your property, the common one being when your tenant breaches their tenancy terms; such as failure to pay rent, not keeping the premise in Ipswich in good condition by repairing them, being annoying to fellow tenants or assigning or subletting the premise without your permission.
The process of regaining possession of your Ipswich property which may still be occupied by a tenant is 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 Suffolk.
The right to forfeit in Ipswich can be implemented by the landlords in the following ways:
Here you can enter the premises in Bury St Edmunds, Thetford, or Ipswich and practically change the locks.
This is a risky method as the tenant could later apply for assistance in court in Suffolk in order to retain possession of the property along with claiming any compensation for the way they were terminated in Ipswich as it could have caused prospective loss.
This is normally considered the best way in Ipswich although it may be costly and time consuming with court proceedings but it's advisable to use this route only as the last option.
Also, the path you chose depends on the cause of the repossession.
You don't need to provide a notice of your intention to forfeit if you are dealing with tenants who haven't paid rent in Ipswich; you can simply re-enter the premises.
Reminding the tenant of any overdue rent is unnecessary as acknowledging continuance of the tenancy in Ipswich because this will lead to a waiver of your right to forfeit and will be required to wait the tenant misses the next payment of rent.
As a precaution, always leave a notice of repossession on the premises' door in Thetford, Ipswich, or Bury St Edmunds and be accompanied to the property by your solicitor or a locksmith as a witness.
In case other terms have been broken, you will have to first give a section 146 notice prior to regaining possession of your Ipswich premises.
All the stakeholders such as the tenant mortgagee and any subtenant in Suffolk must be served with the Section 146 notice by your solicitor.
The notice should state the kind of breach in Ipswich and if it can be resolved within a given time or compensation payment.
In case the breach hasn't been corrected or compensated as expected, you can move on to forfeit the lease.
Notices that are related to breach of repair have more rules in Ipswich.
In some instances, tenants in Thetford, Ipswich, or Bury St Edmunds must be given statutory rights to claim.
If the tenant in Ipswich claims this protection within 28 days after receiving section 146 notice which he must do and the landlord cannot take any further action without having the Suffolk court's approval.
The landowner may evade this in case the tenancy contains a clause allowing them to move into the Ipswich premises to rectify any damages and later on ask for reimbursement of the incurred expenses from the tenant in terms of a debt.
The court process for forfeiture commences by bringing a request for possession in the county court in Suffolk.
There are standard claim forms that must be filled, which in Ipswich can now be submitted online in some courts.
The claim forms must then be sent to the Ipswich occupant, mostly by your lawyer, within a severe timeframe.
You must seek legal advice as mistakes at this stage can be costly and the possession through court is a complex procedure, your claim for possession in Bury St Edmunds, Thetford, or Ipswich can be delayed by any misconduct.
If certain conditions are met, your tenant may apply to court in Suffolk for relief from forfeiture.
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 Ipswich while the existing lease lasts.
A leaseholder in Ipswich that has been served with Sec, 146 order notice should apply immediately as they risk being penalised if it is found out they deliberately delayed.
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