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As a commercial premise property owner in Bolton there are a lot of reasons for the need to repossess your property, the common one being when your tenant breaches their tenancy terms; such as failure to pay rent, not keeping the premise in Bolton in good condition by repairing them, being annoying to fellow tenants or assigning or subletting the premise without your permission.
Claiming ownership of your Bolton property when inhabited by an occupant is called '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 commercial landlords in Greater Manchester include such clause because, without it, your powers as a landlord are restricted.
There are two ways to use the right of forfeiture in Bolton:
This refers to the case where you move into the building in Farnworth, Bury, or Westhoughton and have the locks replaced.
It is even more dangerous because the tenant can go to court in Greater Manchester for 'relief from foreclosure' where the tenant takes possession back and demands redress for damages arising from unlawful eviction in Bolton.
This is the commonly preferred method in Bolton, the downside is that, like any court case, it may be expensive and time consuming so it should only be used after all else has failed.
The grounds for possession usually determine the method you may decide to use.
You are not required to give notice of your plan to forfeit in the case of non-payment of rent in Bolton; you may easily re-enter the premises.
Reminding the tenant of any overdue rent is unnecessary as acknowledging continuance of the tenancy in Bolton because this will lead to a waiver of your right to forfeit and will be required to wait the tenant misses the next payment of rent.
It's recommended to post repossession notice on the front door of the property in Farnworth, Bury, or Westhoughton and bring along a witness such as your solicitor or locksmith.
Before repossession of a property in Bolton, landlords must first serve the tenant a Notice Section 146 prior to taking the premises' possession.
Your solicitor must serve the notice to all interested parties, including the tenant, any subtenant, and any mortgagee in Greater Manchester.
The notice should give details regarding the violation in Bolton and in case it requires remedial measures with a particular time-frame or reimbursement.
If the compensation is not done or any violations not resolved, then you can exercise the forfeit.
Notices that are related to breach of repair have more rules in Bolton.
For instance, some cases require that the tenant in Westhoughton, Bury, or Farnworth is allowed to claim statutory protection.
If the Bolton occupant professes this security, which they must do within 28 days of obtaining a section 146 notification, the landowner must make a preliminary statement for the Greater Manchester court's authorisation before taking any other action.
The landowner may evade this in case the tenancy contains a clause allowing them to move into the Bolton premises to rectify any damages and later on ask for reimbursement of the incurred expenses from the tenant in terms of a debt.
For the possession, through the court, you have to file an application in the county court in Greater Manchester.
The landlord must complete standard claim forms, which in Bolton can now be submitted online.
Moreover, the landlord has to provide the notice in the presence of the Solicitor to the tenant in Bolton.
You are advised to always look for legal guidance regarding this considering its complexity and any fault may impede retrieval in Farnworth, Bury, or Westhoughton and lead to your losing a huge amount of money.
Your tenant can apply for relief from forfeiture in the court in Greater Manchester if certain conditions are met.
This is the only remedy available from the court to the tenant although, it is not an automatic right of the tenant, in case they are granted this right they can be able to continue the occupation of the Bolton premises under the same existing lease.
Immediately when a section 146 notice is served to the Bolton tenant, they should apply because there are penalties when there is any delay in applying without a justified reason.
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