Landlords of commercial properties in Southwark have many reasons to evict their renters and tenants, and take back possession of their property, some of those reasons include being a nuisance to neighbours, not paying rent, subletting the premise without the landlord's permission, and damaging property in Southwark.
The process of regaining possession of your Southwark property which may still be occupied by a tenant is known as 'forfeiture'.
And, if there is a specific clause in the contract that requires you to do so, you can only void the lease.
Every commercial lease in Greater London should have such a clause in your tenancy agreement that would increase your chances of taking back possession of your premises.
There are two ways to use the right of forfeiture in Southwark:
It enables you to change the locks of the doors after entering the premises in Bankside, Elephant and Castle, or Bermondsey effectively.
To be more risky it is considered as your tenants could choose to go to court in Greater London for 'relief forfeiture', and where the tenant claims compensation for incurred losses and repossesses as a result from eviction in Southwark that is wrongful.
This is often the most preferred option in Southwark, but, as like with most court processes, it may turn out to be costly and take up a lot of time.
The path you choose constantly relies on the purpose of the reclaiming.
For non-payment of the lease in Southwark, you're not expected to provide any information about your purpose to forfeit; you can just go ahead to repossess your property.
You don't have to do anything to recognize the tenancy's continuance in Southwark, such as informing the owner of any outstanding payment, as this may equate to a denial of your ability to forfeit and you'll have to wait until the next rent is skipped.
You can simply leave a notice of repossession on the door of the property in Bankside, Elephant and Castle, or Bermondsey and don't forget to bring a witness with you, a solicitor or a locksmith.
In the event that other agreements have been violated, first of all, you may have to serve Sec. 146 notice before taking back ownership of your property in Southwark.
The landlord's solicitor will serve the notice to all the interested parties, such as the tenant(s), the subtenant(s), and the mortgagee(s) in Greater London.
It must indicate the essence of the violation in Southwark and whether it needs rectifying effort within a sensible time or the payment of reimbursement.
You can proceed to forfeit the lease if the breach has not be remedied or compensation not paid.
The notices in Southwark relating to breaches of repair come with additional rules.
In some instances you may obliged to offer the tenant in Elephant and Castle, Bermondsey, or Bankside the chance to claim statutory protection.
In case this statutory protection is demanded by the Southwark 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 exceptional only if the agreement includes a clause about entering the premises in Southwark for repairing any fault at premises and claim the costs of the repair from the tenant as a debt.
Applying to the Greater London county court for possession is the first step in the court proceedings for forfeiture.
You must complete some standard claim forms and in Southwark you can submit them online.
These forms must be served to the tenant in Southwark, often by the landlord's solicitor, within a given timeframe.
It's the complex area of the law, therefore, you must take legal advice on this, otherwise you'd end up delaying your repossession in Bankside, Elephant and Castle, or Bermondsey if you made a mistake.
The tenant can make an application for forfeiture in a Greater London court if certain terms are met.
This is not an automatic privilege; it is a process where the court will determine the rights and if successful, the tenant may be granted to stay in the premises in Southwark under the current lease agreement.
Immediately after receiving the section 146 notice, the Southwark tenant should make the application or else will be given a penalty in case they are found to have played a delaying tactic unavoidably or intentionally.
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