If you are a commercial building landlord in Maidstone, 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 Maidstone property, disturbing the neighbours, or subletting the property without permission or consent.
Taking possession of your property in Maidstone is considered' forfeiture' while used by a resident.
However, forfeiture is only possible if there is a specific clause in the lease, enabling you 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 Kent.
Where you have the right to forfeit in Maidstone, this can be done in one of two methods:
Through this channel you enter the premises in Ditton, Coxheath, or Maidstone and change the locks.
It is even more dangerous because the tenant can go to court in Kent for 'relief from foreclosure' where the tenant takes possession back and demands redress for damages arising from unlawful eviction in Maidstone.
This is the typical method used in Maidstone, you can use the help of the court and the court will provide you with possession orders, however, this method is lengthy and costly.
Usually, the often chosen will depend on the reason for forfeiting the tenant.
When a tenant is no longer paying rent in Maidstone, you can re-enter the premises, but you are not required to give any notice of your intention to forfeit.
It is advised not to give notice of any overdue rent, as doing such an action will give away your right to forfeit the property in the moment in Maidstone, and you would need to wait until the next failed payment of rent before you can then forfeit the property again.
Ensure you go with a third-party before you leave a notice of repossession on the tenant's door in Coxheath, Maidstone, or Ditton, such as your solicitor or a locksmith.
Any other types of breaches to the lease will require a serving of a section 146 notice before any action can be taken to retake the property in Maidstone.
Your solicitor is the one who must serve this notice to all parties; the tenant, mortgagee, subtenants in Kent.
The nature of the breach in Maidstone must be mentioned in the notice and whether payment is required for damages.
After the deadline is expired and no action is taken by the tenant then you can forfeit the agreement.
Repair-related violation notices involve more regulations in Maidstone.
In certain situations you may wish to propose to your renter in Maidstone, Coxheath, or Ditton the option to lay claim to statutory protection.
Before taking any further action, the landlord must make a preliminary claim for the Kent court's permission if the tenant in Maidstone claims this protection within 28 days of receiving a section 146 notice.
This can be prevented if the rent includes a sentence which authorises the owner to enter the Maidstone building to make amends of any deficiency of repair and affirm any costs incurred back from the occupant as an obligation.
Applying to the Kent county court for possession is the first step in the court proceedings for forfeiture.
It is necessary to complete standard claim forms, which in Maidstone can now be submitted online in some courts.
The tenants in Maidstone must be served with the claim form within the given time frame.
Legal advice is suggested in this case as it is a complicated part of the law and mistakes could cause delays in repossession in Maidstone, Coxheath, or Ditton and cost money.
Your occupant can apply to court in Kent for comfort from forfeiture if specific requirements are fulfilled.
However, the tenant doesn't have an automatic right to get the relief and the court will decide whether they deserve the relief, but they will be able to occupy the Maidstone premises if the court grants them some relief.
Immediately when a section 146 notice is served to the Maidstone tenant, they should apply because there are penalties when there is any delay in applying without a justified reason.
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