113 Sycamore Field
0800 246 1381
When it is a commercial premise in Burnley, 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 Burnley property, or subletting the property without your knowledge.
The professional name for retaining your property in Burnley from the occupation of a tenant is called 'forfeiture'.
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 Lancashire include a forfeit clause because without one, your powers as the landlord are extremely limited.
This can be done in one of two cases where you have the option to forfeit in Burnley:
You as a landlord can take back their properties in Dunnockshaw, Brownside, or Cliviger by changing the locks.
It is even more dangerous because the tenant can go to court in Lancashire for 'relief from foreclosure' where the tenant takes possession back and demands redress for damages arising from unlawful eviction in Burnley.
This is often the most preferred option in Burnley, but, as like with most court processes, it may turn out to be costly and take up a lot of time.
The grounds for possession usually determine the method you may decide to use.
When a tenant is no longer paying rent in Burnley, you can re-enter the premises, but you are not required to give any notice of your intention to forfeit.
You must not acknowledge the continuance of the tenancy in Burnley by discussing overdue rent, as this can result in withdrawing your forfeiture rights and you have to hold off until the next rent payment is missed.
You can simply leave a notice of repossession on the door of the property in Brownside, Dunnockshaw, or Cliviger and don't forget to bring a witness with you, a solicitor or a locksmith.
For any other violations, you must first perform a section 146 notification before you can take back the ownership of the building in Burnley.
All the interested parties in Lancashire, such as any tenant, subtenant, or mortgagee, must be delivered the notice by the solicitor.
The nature of the breach in Burnley must be mentioned in the notice and whether payment is required for damages.
You can proceed to forfeit the lease if the breach has not been remedied or the settlement has not been paid.
There are more rules in Burnley associated with the breach of repair.
These clauses give the tenant in Cliviger, Brownside, or Dunnockshaw a chance to come to statutory protection.
If the tenant in Burnley claims this protection within 28 days after receiving section 146 notice which he must do and the landlord cannot take any further action without having the Lancashire court's approval.
These circumstances can be avoided if there is a relevant clause in the lease which enables the owner of the premises in Burnley to repossess and claim any costs of damages and costs incurred from debt.
The first step towards the court procedure for forfeiture is to approach the Lancashire County Court and apply for an application possession.
The landlord must complete standard claim forms where in some courts, in Burnley the forms of submission can be done online.
Then the solicitor needs to serve these forms to the tenants in Burnley within a strict time frame.
This being an area of law that is complex, any delay mistake may be costly and repossession in Cliviger, Dunnockshaw, or Brownside delayed, so it is advised to always seek legal advice.
For forfeiture, an application can be made in court in Lancashire assuming particular conditions are met.
This is a discretionary relief, not an automatic right, and if granted, your tenant can continue to live in the premises in Burnley under their existing lease.
The tenant in Burnley will have to make the application as soon as the Section 146 Notice was received as delaying without a justified reason can result in penalties.
Based in Burnley, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.