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There could be a multitude reasons why commercial property owners in Birkenhead could want to regain building possession, one of the most common reasons is broken lease terms by the tenant, for example, disrupting the neighbours, damaging the Birkenhead property, failure to pay rent or leasing the property further without the tenants' knowledge.
The Claiming possession of premise in Birkenhead, while it is still occupied by the tenant, is known as 'forfeiture'.
However, the forfeiture option for a lease can only be effected if a clause in the lease enables you to that.
All commercial rents in Merseyside should include such a sentence as without it your authority as the owner is hardly restrained.
Your right to forfeit in Birkenhead can be exercised in following ways:
This refers to the case where you move into the building in Woodchurch, Birkenhead, or Oxton and have the locks replaced.
However, this is a dangerous option because the tenant may seek "relief from forfeiture", meaning the tenant will take back the possession and claim any loss in the illegal eviction in Birkenhead, lay a claim for compensation in court in Merseyside.
This is the preferred method in Birkenhead as this follows correct court procedures, although it can be more lengthy and costly and this should be the last resort.
How you proceed depends on the reason for repossession.
If non-payment of rent is the reason behind the eviction process in Birkenhead, you can re-enter the premises without notifying your tenant your decision to forfeit.
It is advised not to give notice of any overdue rent, as doing such an action will give away your right to forfeit the property in the moment in Birkenhead, and you would need to wait until the next failed payment of rent before you can then forfeit the property again.
It is always advised to have a witness with you while leaving a notice of repossession at tenant's doorstep in Woodchurch, Oxton, or Birkenhead, it can be either locksmith or your solicitor.
If there are other breaches aside from the ones listed above, serve a Section 146 notice first before repossessing the Birkenhead property.
Your solicitor must serve the notice on all stakeholders, including the tenant, any mortgagee and any subtenant in Merseyside.
This notice will specify the remedial majors in Birkenhead or the compensation that needs to be done for breaking any clause.
If the compensation is not done or any violations not resolved, then you can exercise the forfeit.
When a breach of repair is involved, other rules must be taken into consideration in Birkenhead.
It is observed in some cases that tenants in Woodchurch, Oxton, or Birkenhead have the right to be given statutory protection.
In case this statutory protection is demanded by the Birkenhead 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 Merseyside before taking any more actions.
The landlord can avoid this if the lease has a clause that permits them to enter the property in Birkenhead to correct any repair defect and then claim the costs incurred from the occupier as debt.
Forfeiture only starts in the county court in Merseyside where the application is made.
He would then fill and submit the necessary forms in Birkenhead, potentially online depending on the court location.
Then, the claim forms will have to be sent to the Birkenhead tenant normally by the solicitor within a certain time frame.
You must seek legal advice as mistakes at this stage can be costly and the possession through court is a complex procedure, your claim for possession in Woodchurch, Oxton, or Birkenhead can be delayed by any misconduct.
Under some conditions, your tenant has the right to apply for relief from forfeiture from the court in Merseyside.
This is a discretionary relief, not an automatic right, and if granted, your tenant can continue to live in the premises in Birkenhead under their existing lease.
The tenants in Birkenhead have to work promptly once they have gotten the section 146 notice as there are penalties for filing without am applicable reason.
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