The landlords of commercial properties in Rochester can take back the possession of their premises for many reasons, usually, they end the tenancy when the tenant is in breach of their lease terms; such as being nuisance to neighbours, not keeping the Rochester premises in good repair, not paying rent or subletting the premises without the landlord's consent.
Repossessing your property in Rochester that is occupied by a tenant is known as 'forfeiture'.
Nevertheless, the tenant can only forfeit the lease if there was a certain clause in the agreement that enables them to do so.
It's recommended that all leases of commercial property in Kent include a forfeit clause because without one, your powers as the landlord are extremely limited.
There are two ways to use the right of forfeiture in Rochester:
This is whereby you enter the property in Eccles, Halling, or Chatham and replace the locks.
However, this may be a risky procedure as the tenant can claim in the court in Kent for the wrongful eviction under a 'relief from forfeiture' and if this is successful, the tenant gets possession back and can put in a settlement for losses due to unfair eviction from the premises in Rochester.
This is mostly the preferred path in Rochester though, as with any judiciary proceedings, it can be expensive and long so should only be evaluated as a final resort.
Routes greatly rely on repossession reasons.
In case of pending dues in Rochester, you can simply enter the premises and you don't need to serve a notice of forfeiture to the tenant.
You must not perform anything to admit the continuation of the occupancy in Rochester, 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.
The repossession notice should be posted on the main entrance door of the rented property in Halling, Chatham, or Eccles and for this a witness should be brought along like a locksmith or solicitor.
In case of breaking any clause from the lease agreement section, 146 will be exercised before getting back possession of the Rochester property.
All the interested parties in Kent, such as any tenant, subtenant, or mortgagee, must be delivered the notice by the solicitor.
The reason for the serving must be included as well as if any remedial action within a given time of compensation of payment is needed in Rochester.
If these demands are not met, then the property you can continue to forfeit the lease.
When a breach of repair is involved, other rules must be taken into consideration in Rochester.
It is observed in some cases that tenants in Eccles, Chatham, or Halling have the right to be given statutory protection.
If your Rochester 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 Kent court prior to taking any further actions.
However, this can be avoided if the lease agreement has the clause referring to the possession or re-entering the space in Rochester and any cost of repair or claim will be added to the tenant account.
The court in Kent county has a standard process of repossession which starts by applying for possession to the court.
You should fill in an ordinary claim form, which in Rochester may be delivered online in certain courts.
Then the solicitor needs to serve these forms to the tenants in Rochester within a strict time frame.
It is advised to ask for legal advice during this process because it is complicated, and any slip-ups can cause a costly delay in the proceedings in Chatham, Eccles, or Halling.
Your occupant can apply to court in Kent for comfort from forfeiture if specific requirements are fulfilled.
However, this does not mean that the tenant has an automatic right, it's a discretionary remedy that is available to a court and if the tenant is granted, it means they can continue living in the Rochester property under the existing lease.
The Rochester tenant shouldn't delay the relief from forfeiture application and they should submit it as soon as they are served the Section 146 notice as unnecessary delay may attract some penalty.
Based in Rochester, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.