When it is a commercial premise in Woking, there are a lot of reasons why the landowner would want to evict the tenant, however, the landowner can still take possession and evict the tenant from a commercial land, the reason for eviction can be the breaking of rules from the lease agreement, not paying the rent on time, not maintaining the Woking property, or subletting the property without your knowledge.
Taking possession of your property in Woking is considered' forfeiture' while used by a resident.
However, the forfeiture option for a lease can only be effected if a clause in the lease enables you to that.
It's recommended that all leases of commercial property in Surrey include a forfeit clause because without one, your powers as the landlord are extremely limited.
With the forfeit right in Woking, you can do these things:
Under this arrangement, you change the locks on the premises in Mayford, Woking, or Chobham.
However, this may be a risky procedure as the tenant can claim in the court in Surrey 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 Woking.
This is the best option to choose in Woking as this follows the legal procedures in court, however, it's costly and takes time to achieve the eviction and this should be your last option
The reasons for getting back possession may influence the route you take.
There is no need of notifying your tenants of your forfeiture plans for rent arrears in Woking due to the fact you have the rights to re-enter your premises.
You shouldn't do anything to reveal the continuance of tenancy in Woking, for example, reminding your tenant that the rent is overdue because this could result in a waiver of the right to forfeit and you may be forced to wait until the next rent payment is not paid.
You are advised to leave a repossession notice on the door step of the premises in Mayford, Chobham, or Woking while in the company of a witness, such as a locksmith or your solicitor.
Notice 146 must be served before repossession of premises in Woking if there are any other violations by the tenant.
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 Surrey.
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 Woking.
If the breach is yet to be remedied or the compensation paid as expected then you are free to proceed to forfeit the lease.
There are more rules in Woking associated with the breach of repair.
There are some instances where you might be compelled to offer your tenant in Chobham, Woking, or Mayford the chance to claim statutory protection.
If your Woking 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 Surrey 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 Woking and any cost of repair or claim will be added to the tenant account.
The first step towards the court procedure for forfeiture is to approach the Surrey County Court and apply for an application possession.
He would then fill and submit the necessary forms in Woking, potentially online depending on the court location.
The Woking tenant must be served the claim forms by your solicitor within a stipulated timeframe.
You should get legal advice as this area of law is tricky and mistakes on your part can delay the process in Mayford, Woking, or Chobham, as well as it being lengthy and costly.
The tenants can be entertained with the relief from forfeiture in Surrey court if certain circumstances prevail.
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 Woking property under the existing lease.
Immediately when a section 146 notice is served to the Woking tenant, they should apply because there are penalties when there is any delay in applying without a justified reason.
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