Some commercial landlord wants to take back possession of their premises in Waltham Forest 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 Waltham Forest in good repair, not paying rent, being a nuisance to neighbours, and many more.
The process of regaining possession of your Waltham Forest property which may still be occupied by a tenant is known as 'forfeiture'.
Although the lease can only be forfeited if you are permitted to do so as permitted in a certain clause in the agreement.
It's recommended that all leases of commercial property in Greater London include a forfeit clause because without one, your powers as the landlord are extremely limited.
You can carry out the activity in Waltham Forest using either of the options:
It enables you to change the locks of the doors after entering the premises in Stratford, Buckhurst Hill, or Walthamstow effectively.
It is even more dangerous because the tenant can go to court in Greater London for 'relief from foreclosure' where the tenant takes possession back and demands redress for damages arising from unlawful eviction in Waltham Forest.
Under this you have to contact the court for possession and this can be costly and lengthy but it is the preferred way in Waltham Forest but you should keep this as your final option.
How you proceed depends on the reason for repossession.
If the reason is that the tenant is not paying the rent in Waltham Forest, you can choose to re-enter the premises option without giving notice of the plan.
As a rule of thumb, the landlord must not do anything that could attract continuation of the tenancy in Waltham Forest which includes reminding the tenant to pay the rent, because that may cause you to wait for the next rent payment day before you can re-enter the premises for eviction.
You must leave a repossession notice on the premise door in Walthamstow, Buckhurst Hill, or Stratford which should be done while in the company of either a locksmith or your solicitor who acts as the witness.
In case other terms have been broken, you will have to first give a section 146 notice prior to regaining possession of your Waltham Forest premises.
Your lawyer is supposed to serve all the involved parties in Greater London like any mortgagees, subtenants as well as the tenant with the notice.
The specific nature of the breach in Waltham Forest must be specified in the notice and it should also indicate whether payment of compensation is necessary.
After the deadline is expired and no action is taken by the tenant then you can forfeit the agreement.
Repair-related violation notices involve more regulations in Waltham Forest.
In some instances you may obliged to offer the tenant in Buckhurst Hill, Walthamstow, or Stratford the chance to claim statutory protection.
If the Waltham Forest 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 Greater London court's permission to make the initial claim.
In some cases where the lease has a clause that allows the landlord to rectify any defect and costs to be incurred by the tenant by entering the Waltham Forest property, then it is not legally applicable.
The court process for forfeiture commences by bringing a request for possession in the county court in Greater London.
The landlord has to fill the standard claim forms which in Waltham Forest can either be done online in some courts.
Your solicitor will then serve the claim forms within a stipulated period to the tenant in Waltham Forest.
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 Stratford, Buckhurst Hill, or Walthamstow if you made a mistake.
Relief from forfeiture can be applied for by the tenant to Greater London court when certain conditions have been achieved.
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 Waltham Forest property under their previous lease.
However, the tenant in Waltham Forest is required to make an application immediately they receive a section 146 notice to avoid been penalized for unnecessary delay.
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