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If you are a commercial building landlord in East Sussex, then there could be a few good reasons why you would want to retain possession of the premises, commonly, you may want it back if the current tenant is breaking rules set out in the lease terms, this could include failing to pay rent, not maintaining the East Sussex property, disturbing the neighbours, or subletting the property without permission or consent.
The process of regaining possession of your East Sussex property which may still be occupied by a tenant is known as 'forfeiture'.
However, you cannot forfeit the lease if the lease doesn't contain a specific clause that enables the landlord to do so.
Inclusion of such class in the agreement is strongly recommended to include these clauses in all East Sussex commercial leases as lack of such a clause can restrict your powers.
Your power to forfeit in East Sussex can be enforced via 2 methods:
This requires you to enter the premises in Eastbourne, Hastings, or Bexhill effectively and change the locks.
This is a risky method as the tenant could later apply for assistance in court in East Sussex in order to retain possession of the property along with claiming any compensation for the way they were terminated in East Sussex as it could have caused prospective loss.
This technique is regarded the best and most effective in East Sussex albeit it expensive and requires more time to complete court hearings, you are advised to opt for this technique as your last chance.
Consider the reason why you want to repossess the property when contemplating the ideal route to take.
You don't need to provide a notice of your intention to forfeit if you are dealing with tenants who haven't paid rent in East Sussex; you can simply re-enter the premises.
You need not do anything that may show tenancy continuance in East Sussex, for instance, repeating to your occupiers that their time to pay rent is over as it could lead to a waiver to the forfeiture right and be compelled to sit back and wait until rent is never paid again.
However, it's advisable to leave a notice of repossession on the door in Eastbourne, Hastings, or Bexhill and have a witness such as your solicitor accompany you.
For any other violations, you must first perform a section 146 notification before you can take back the ownership of the building in East Sussex.
All the interested parties in East Sussex, such as any tenant, subtenant, or mortgagee, must be delivered the notice by the solicitor.
The notice should give details regarding the violation in East Sussex and in case it requires remedial measures with a particular time-frame or reimbursement.
If the violation has not be rectified or reimbursed as stated, you may move on with your forfeiture plans of the tenancy.
Other rules in East Sussex also govern notices connected to violation of repair.
In certain situations, you may be required to provide the tenant in Eastbourne, Bexhill, or Hastings the chance to claim statutory protection.
If the tenant in East Sussex demands this protection, which they must do within 4 weeks of receiving a section 146 notice, the property owner must make an initial claim asking for permission from the court in East Sussex prior acting further.
This can be avoided if the lease contains a clause allowing the landlord to enter the premises in East Sussex in order to remedy any repair defect and claim any costs incurred as a debt by the tenant.
Applying to the East Sussex county court for possession is the first step in the court proceedings for forfeiture.
He would then fill and submit the necessary forms in East Sussex, potentially online depending on the court location.
Then, the claim forms will have to be sent to the East Sussex tenant normally by the solicitor within a certain time frame.
It is recommended that you always seek legal advice on this matter since it is complicated and any mistake can delay repossession in Hastings, Eastbourne, or Bexhill and cost you lots of money.
The tenants can be entertained with the relief from forfeiture in East Sussex court if certain circumstances prevail.
This isn't to say that all rights belong to the tenant, it is a discretionary right that the court possesses and the tenant can resume occupying the premises in East Sussex under the current lease if granted.
A leaseholder in East Sussex 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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