If you own some commercial properties in Kensington, 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 Kensington 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.
When you take back the possession of your property in Kensington from a tenant, it's known as 'forfeiture'.
You should have a specific clause that allows the landlord to take back their properties from tenants.
All commercial rents in Greater London should include such a sentence as without it your authority as the owner is hardly restrained.
You can exercise Forfeiture in Kensington in two different ways if you have the right to do so:
This is whereby you enter the property in Acton Green, Acton, or Bayswater and replace the locks.
However, it's considered risky because the tenant can take back possession with a 'relief from forfeiture' claim in Greater London court and claims compensation for losses incurred if they were wrongfully evicted in Kensington.
This is the most preferred route in Kensington, but it's costly and lengthy as with any court proceedings, so, it should only be considered as a last resort.
Grounds for regaining ownership could determine the path you decide to take.
If the reason is that the tenant is not paying the rent in Kensington, you can choose to re-enter the premises option without giving notice of the plan.
It is not mandatory to agree on the continuity of the tenancy in Kensington 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.
It is therefore advisable to place a notice regarding repossession on the tenant's front door on your premises in Acton Green, Acton, or Bayswater and call in your locksmith or lawyer as witness.
In case of breaking any clause from the lease agreement section, 146 will be exercised before getting back possession of the Kensington property.
This notice needs to be provided by your solicitor to everyone involved, including the landlord, the tenant, and subtenant in Greater London.
The notice should give details regarding the violation in Kensington and in case it requires remedial measures with a particular time-frame or reimbursement.
If the tenant refuses to pay the compensation or remedy the breach, you can go ahead and forfeit the lease without consequences.
When a breach of repair is involved, other rules must be taken into consideration in Kensington.
You may be required to offer the tenant in Acton, Acton Green, or Bayswater the chance to claim statutory protection in some cases.
In case this statutory protection is demanded by the Kensington tenant (which needs to be fulfilled within 28 days following a section 146 notice), preliminary claim must be made to take permission from the court in Greater London before taking any more actions.
This can be avoided by the landlord if there is a clause in the lease pertaining to the permission to enter the premise in Kensington in order to correct defects in repair and subsequently claim the incurred costs as debt from the occupier.
The first step towards the court procedure for forfeiture is to approach the Greater London County Court and apply for an application possession.
There is a standard form for claims that will need to be completed which in Kensington may be submitted online in certain courts.
Then the solicitor needs to serve these forms to the tenants in Kensington within a strict time frame.
This being an area of law that is complex, any delay mistake may be costly and repossession in Acton Green, Bayswater, or Acton delayed, so it is advised to always seek legal advice.
If certain conditions are met, your tenant may apply to court in Greater London for relief from forfeiture.
A tenants is not entitled straight away, the permission to live will be granted by the court and the tenant will then live in the premises in Kensington under the same lease contract.
The occupant in Kensington will submit as soon as they receive a notification of section 146 because if they are found to have excessively hesitated, they will be penalized.
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