Various reasons could lead commercial property owners in Thanet to want get back their premises, commonly, this occurs when the leaseholder violates the rules of the agreement e.g., a nuisance to other occupiers, causing damage to the premises in Thanet, allowing someone else to use the facility without consent from the owner of failing to pay rent.
Regaining property possession in Thanet when a tenant still occupies the premises is otherwise known as forfeiture.
The landlord can only be allowed to forfeit if there was a clause in the lease that grants him the freedom to do so.
It's recommended that every commercial lease to have such a lease because without it the powers of property owners in Kent will be restricted severely.
The right to forfeit in Thanet can be implemented by the landlords in the following ways:
This involves the ability for you to gain access to your premises in Ramsgate, Broadstairs, or Margate and being able to change the locks.
It is assumed to be also unsafe as your tenant could apply to court in Kent for 'relief from forfeiture', where the occupant snatch back occupancy and requests reimbursement for penalties incurred as an outcome of illicit expulsion in Thanet.
Under this you have to contact the court for possession and this can be costly and lengthy but it is the preferred way in Thanet but you should keep this as your final option.
Grounds for regaining ownership could determine the path you decide to take.
Since the property can be re-entered by you in this scenario, there is no need to release any forfeit notice for delays in rent payment in Thanet.
You'd be causing damage to your right to forfeit if you considered sending a reminder to the tenant of any overdue rent in Thanet, after that you won't be able to forfeit unless the next rent payment is missed.
It is advised to drop a note of reclaiming on the entrance of the house in Margate, Broadstairs, or Ramsgate and have a testifier to escort you, such as your solicitor or locksmith.
For any other breaches, first it is a must you serve a section 146 notice before proceeding to take possession of the premises in Thanet.
The notification must be offered by your lawyer on all interested parties in Kent, comprising the occupant, any mortgagee and any subtenant.
The notice must specify the type of lease terms that were breached in Thanet and how they can be remedied (if possible) within a reasonable timeframe.
If the tenant refuses to pay the compensation or remedy the breach, you can go ahead and forfeit the lease without consequences.
There are extra laws in Thanet that apply for notices relating to breaches of repair.
The landlord will be required to offer the opportunity to the tenant in Margate, Ramsgate, or Broadstairs where they may claim statutory protection.
In case this statutory protection is demanded by the Thanet 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 Kent before taking any more actions.
This can be avoided if the lease contains a clause allowing the landlord to enter the premises in Thanet in order to remedy any repair defect and claim any costs incurred as a debt by the tenant.
This procedure involves making an application for possession in the county court in Kent.
The landlord must complete standard claim forms, which in Thanet can now be submitted online.
The forms will then be served to the tenant in Thanet preferably by your solicitor within a strict time-frame.
You should constantly receive legal advice on this as it is a complicated area of law, and errors can be expensive and slow down your reclaiming in Margate, Broadstairs, or Ramsgate.
The tenant can apply to the Kent court for relief from the forfeiture proceedings if specific requirements are met.
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 Thanet premises if the court grants them some relief.
If a tenant in Thanet has received section 146 notice, he is required to make an application at their earliest or they will be fined if known to delay on purpose.
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