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Being the owner of marketable property in Bedfordshire, there are numerous motives why you may want to take back the ownership of your property, the most familiar being where your occupant violates their rent terms; such as, not maintaining the Bedfordshire premises in good form, not paying lease, being an annoyer to neighbours and or appointing or subletting the premises without your permission.
The professional name for retaining your property in Bedfordshire from the occupation of a tenant is called 'forfeiture'.
The lease can only be forfeited if there is a specific condition mentioned in the agreement that allows you to do so.
It's recommended that every commercial lease to have such a lease because without it the powers of property owners in Bedfordshire will be restricted severely.
You can exercise your right to forfeit a property in Bedfordshire in two ways:
Through this channel you enter the premises in Dunstable, Leighton Buzzard, or Bedford and change the locks.
This is a risky method as the tenant could later apply for assistance in court in Bedfordshire in order to retain possession of the property along with claiming any compensation for the way they were terminated in Bedfordshire as it could have caused prospective loss.
This is normally considered the best way in Bedfordshire although it may be costly and time consuming with court proceedings but it's advisable to use this route only as the last option.
The reasons for getting back possession may influence the route you take.
For non-payment of the lease in Bedfordshire, you're not expected to provide any information about your purpose to forfeit; you can just go ahead to repossess your property.
As a rule of thumb, the landlord must not do anything that could attract continuation of the tenancy in Bedfordshire 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.
It is advised that you post a repossession note at the property door in Bedford, Dunstable, or Leighton Buzzard and have a friend to assist you, such as a locksmith or an attorney.
For any other violations, you must first perform a section 146 notification before you can take back the ownership of the building in Bedfordshire.
The notification must be offered by your lawyer on all interested parties in Bedfordshire, comprising the occupant, any mortgagee and any subtenant.
It must define the extent of the violation in Bedfordshire and whether, within a reasonable time, this needs remedial action or monetary pay-out.
If the tenant refuses to pay the compensation or remedy the breach, you can go ahead and forfeit the lease without consequences.
There are further laws that pertain to notification relating to violations of repair in Bedfordshire.
These clauses give the tenant in Dunstable, Bedford, or Leighton Buzzard a chance to come to statutory protection.
If the occupant in Bedfordshire requests this security, which they must do within 28 days of receiving a section 146 letter, before taking any further steps, the owner must submit a conditional application for the approval of the court in Bedfordshire.
This claim can be avoided if there is a clause in the lease, which allows the landlord to claim back any costs or repair damage incurred from the tenant by entering the property in Bedfordshire.
The process of Forfeiture begins with a possession application submitted to the county court in Bedfordshire.
The landlord has to fill the standard claim forms which in Bedfordshire can either be done online in some courts.
Your solicitor will then serve the claim forms within a stipulated period to the tenant in Bedfordshire.
However, this process is lengthy and can be very costly for the landlord, so you should always consult legal advice as this is a complex part of law and errors will slow the process in Dunstable, Bedford, or Leighton Buzzard.
Relief from forfeiture can be applied for by the tenant to Bedfordshire court when certain conditions have been achieved.
However, the tenant does not have an automatic right; this is a discretionary remedy available to the court, but they may still be able to occupy the premises in Bedfordshire under their existing lease if granted.
Immediately after receiving the section 146 notice, the Bedfordshire tenant should make the application or else will be given a penalty in case they are found to have played a delaying tactic unavoidably or intentionally.
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