There are several reasons why landlords of commercial properties in Surrey may wish to regain possession of their buildings, the common reason is when the tenant breaks terms of the lease, for example, causing disturbance to neighbours, destroying the Surrey property, assigning the property to someone else without your knowledge or not paying rent.
Repossessing your property in Surrey that is occupied by a tenant is known as 'forfeiture'.
However, the leaseholder may just forfeit the tenancy in case there exists a particular clause within the contract that allows them to act like so.
Without this clause, there is an extreme limitation of your rights as a landlord, so it is recommended that such clauses should be included in all commercial rentals in Surrey.
When you have legitimate reasons to forfeit in Surrey, you can do this in two different ways:
This refers to the case where you move into the building in Crawley, Woking-Byfleet, or Guildford and have the locks replaced.
However, it's considered risky because the tenant can take back possession with a 'relief from forfeiture' claim in Surrey court and claims compensation for losses incurred if they were wrongfully evicted in Surrey.
This is normally considered the best way in Surrey although it may be costly and time consuming with court proceedings but it's advisable to use this route only as the last option.
Routes greatly rely on repossession reasons.
If the tenant has failed to pay rent in Surrey, then the landlord is not legally obliged to provide notice of the intention to forfeit the property; you can easily re-enter the property.
It is important that you do not show any form of approval of their presence on the property in Surrey such as reminding them of overdue rent, because this may result in a termination of your forfeiture rights and you may have to delay until they miss the next lease payment.
It's recommended to post repossession notice on the front door of the property in Crawley, Woking-Byfleet, or Guildford and bring along a witness such as your solicitor or locksmith.
In case other terms have been broken, you will have to first give a section 146 notice prior to regaining possession of your Surrey premises.
Your solicitor has to serve the notice to all parties involved such as any subtenant, any mortgagee and the tenant in Surrey.
This notice will specify the remedial majors in Surrey or the compensation that needs to be done for breaking any clause.
If the violation has not been mended or the reimbursement paid as mandated, then you can continue to forfeit the rent.
There are further laws that pertain to notification relating to violations of repair in Surrey.
These clauses give the tenant in Crawley, Woking-Byfleet, or Guildford a chance to come to statutory protection.
If the Surrey tenant accepts this protection, then the rectification and repairs must be done within 28 days of receiving the section 146 notice and the landlord will then need the Surrey court's permission to make the initial claim.
This can be exceptional only if the agreement includes a clause about entering the premises in Surrey for repairing any fault at premises and claim the costs of the repair from the tenant as a debt.
This process begins with the landlord making an application for possession of the property within the county court in Surrey.
There are standard claim forms that must be filled, which in Surrey can now be submitted online in some courts.
The forms will then be served to the tenant in Surrey preferably by your solicitor within a strict time-frame.
You should always take legal advice on this since it's a complex section of law, mistakes can be costly and delay repossession efforts in Guildford, Crawley, or Woking-Byfleet.
Your occupant can apply to court in Surrey for comfort from forfeiture if specific requirements are fulfilled.
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 Surrey property under their previous lease.
A leaseholder in Surrey that has been served with Sec, 146 order notice should apply immediately as they risk being penalised if it is found out they deliberately delayed.
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