Some commercial landlord wants to take back possession of their premises in Richmond upon Thames for one or two reasons, the most common being situations where the tenant is breaching the lease terms such as, not keeping the premises in Richmond upon Thames in good repair, not paying rent, being a nuisance to neighbours, and many more.
You can take back the possession of the property in Richmond upon Thames from the tenant while it is occupied, this kind of Clause is called forfeiture.
However, forfeiture is only possible if there is a specific clause in the lease, enabling you to do so.
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.
When you have legitimate reasons to forfeit in Richmond upon Thames, you can do this in two different ways:
This involves the ability for you to gain access to your premises in Ham, Eel Pie Island, or Cole Park and being able to change the locks.
This is a risky method as the tenant could later apply for assistance in court in Greater London in order to retain possession of the property along with claiming any compensation for the way they were terminated in Richmond upon Thames as it could have caused prospective loss.
This normally is the preferred option in Richmond upon Thames although, as with any proceedings of the court, it can be costly to you and takes long, you should therefore consider it 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 Richmond upon Thames; you can simply re-enter the premises.
You must not perform anything to admit the continuation of the occupancy in Richmond upon Thames, such as prompt the occupant of any outstanding lease, as this may result to the disclaimer of your right to forfeit and you will have to stay till the subsequent lease fee is skipped.
Ensure you go with a third-party before you leave a notice of repossession on the tenant's door in Ham, Cole Park, or Eel Pie Island, such as your solicitor or a locksmith.
In case of breaking any clause from the lease agreement section, 146 will be exercised before getting back possession of the Richmond upon Thames property.
Your solicitor has to serve the notice to all parties involved such as any subtenant, any mortgagee and the tenant in Greater London.
The notice should state the kind of breach in Richmond upon Thames and if it can be resolved within a given time or compensation payment.
If the tenant refuses to pay the compensation or remedy the breach, you can go ahead and forfeit the lease without consequences.
Additional rules in Richmond upon Thames extend on notifications relevant to fix violations.
In some circumstances, you may be imposed to give the occupant in Cole Park, Eel Pie Island, or Ham the chance to maintain statutory security.
If your Richmond upon Thames tenant demands this statutory protection, which has to be done in 28 days after getting a section 146 notice, the landlord will have to seek a preliminary claim for permission from Greater London court prior to taking any further actions.
These circumstances can be avoided if there is a relevant clause in the lease which enables the owner of the premises in Richmond upon Thames to repossess and claim any costs of damages and costs incurred from debt.
This procedure involves making an application for possession in the county court in Greater London.
You must complete some standard claim forms and in Richmond upon Thames you can submit them online.
The Richmond upon Thames tenant must be served the claim forms by your solicitor within a stipulated timeframe.
It is recommended that you always seek legal advice on this matter since it is complicated and any mistake can delay repossession in Eel Pie Island, Cole Park, or Ham and cost you lots of money.
Your tenant can apply to court in Greater London for forfeiture relief if specific conditions 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 Richmond upon Thames property under their previous lease.
After receiving a section 146 notice an application must be filed by the Richmond upon Thames tenant as soon as possible otherwise they will be convicted to a penalty for unnecessary delay.
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