If you are a commercial building landlord in Islington, 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 Islington property, disturbing the neighbours, or subletting the property without permission or consent.
Forfeiture is the process of taking back ownership of your premises in Islington when held by a tenant.
And, if there is a specific clause in the contract that requires you to do so, you can only void the lease.
For all commercial leases in Greater London it is advisable to contain a clause as such as without it, your will have restricted powers as a property owner.
You can exercise Forfeiture in Islington in two different ways if you have the right to do so:
This refers to the case where you move into the building in Barnsbury, Angel, or Canonbury and have the locks replaced.
This technique is risky considering that the leaseholder may request for forfeiture relief in a Greater London court of law to get back ownership and demand for reimbursement for the loss that may have been incurred following unlawful eviction in Islington.
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 Islington.
The path you choose constantly relies on the purpose of the reclaiming.
If the tenant has failed to pay rent in Islington, 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 shouldn't do anything to reveal the continuance of tenancy in Islington, for example, reminding your tenant that the rent is overdue because this could result in a waiver of the right to forfeit and you may be forced to wait until the next rent payment is not paid.
You must leave a repossession notice on the premise door in Barnsbury, Canonbury, or Angel which should be done while in the company of either a locksmith or your solicitor who acts as the witness.
In case other terms have been broken, you will have to first give a section 146 notice prior to regaining possession of your Islington premises.
Your solicitor must serve the notice to everyone involved including the landlord, subtenant and the tenant in Greater London.
The notice should give details regarding the violation in Islington and in case it requires remedial measures with a particular time-frame or reimbursement.
You can proceed to forfeit the lease if the breach has not be remedied or compensation not paid.
If the tenant broke any other lease terms in Islington, there are other rules as specified by law.
In some circumstances, you may be imposed to give the occupant in Angel, Barnsbury, or Canonbury the chance to maintain statutory security.
If the occupant in Islington requests this security, which they must do within 28 days of receiving a section 146 letter, before taking any further steps, the owner must submit a conditional application for the approval of the court in Greater London.
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 Islington to check any damages to the area and claim any costs to the property from the tenant as debt.
The forfeiture process starts with an application to the county court in Greater London for possession.
You should fill in an ordinary claim form, which in Islington may be delivered online in certain courts.
Thereafter, the forms should be delivered to the Islington leaseholder by the lawyer within a given time-frame.
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 Barnsbury, Canonbury, or Angel can be delayed by any misconduct.
If specific conditions are fulfilled, the tenant can submit an application for relief to the Greater London court.
This is not automatic however, this is a court prevention measure, but if granted they may be in a position to continue to stay in the premise in Islington under their existing lease.
After receiving a section 146 notice an application must be filed by the Islington tenant as soon as possible otherwise they will be convicted to a penalty for unnecessary delay.
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