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As a landlord of commercial property in Bury, there are many grounds why you may want to take back custody of your premises, the most prominent being where the tenant is in default of their conditions of lease; such as not paying rent, not maintaining the Bury premises in good repair, being a hazard to neighbours or transferring or subordinating the premises without your permission.
The process of regaining possession of your Bury property which may still be occupied by a tenant is known as 'forfeiture'.
Nevertheless, you can only lose the rent if there is a sentence in the rent allowing you to do so.
As a Greater Manchester commercial property owner, it is advisable that you include the clause in your lease, without it, you are powerless.
When you have legitimate reasons to forfeit in Bury, you can do this in two different ways:
This refers to the case where you move into the building in Elton, Ramsbottom, or Edenfield and have the locks replaced.
However, this may be a risky procedure as the tenant can claim in the court in Greater Manchester for the wrongful eviction under a 'relief from forfeiture' and if this is successful, the tenant gets possession back and can put in a settlement for losses due to unfair eviction from the premises in Bury.
This is the typical method used in Bury, you can use the help of the court and the court will provide you with possession orders, however, this method is lengthy and costly.
How you proceed depends on the reason for repossession.
If the tenant has failed to pay the rent in Bury, giving notice with the intention of forfeiture is not necessary instead you just re-enter the premise.
You must not acknowledge the continuance of the tenancy in Bury 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.
It is therefore advisable to place a notice regarding repossession on the tenant's front door on your premises in Elton, Ramsbottom, or Edenfield and call in your locksmith or lawyer as witness.
In case other terms have been broken, you will have to first give a section 146 notice prior to regaining possession of your Bury premises.
This notice needs to be provided by your solicitor to everyone involved, including the landlord, the tenant, and subtenant in Greater Manchester.
It must indicate the essence of the violation in Bury and whether it needs rectifying effort within a sensible time or the payment of reimbursement.
After the deadline is expired and no action is taken by the tenant then you can forfeit the agreement.
When a breach of repair is involved, other rules must be taken into consideration in Bury.
In certain situations, you may be required to provide the tenant in Ramsbottom, Edenfield, or Elton the chance to claim statutory protection.
If the Bury tenant decides to do this, which must be done within 28 days of receiving the 146 notice, then the landlord must make a preliminary claim to the court in Greater Manchester before any other actions can progress.
However, if the landlord enshrined a clause in the lease that entitles the landlord to rectify any defect of repair and claim the cost from the tenant by going into the Bury premises, the claim can be avoided.
If you want to carry out forfeiture, you must make an application for possession in the Greater Manchester county court to start the court procedure.
There are standard claim forms that must be filled, which in Bury can now be submitted online in some courts.
The claim forms are then served to the tenant in Bury by your solicitor within a strict time - frame.
You should constantly receive legal advice on this as it is a complicated area of law, and errors can be expensive and slow down your reclaiming in Ramsbottom, Elton, or Edenfield.
If certain conditions are met, your tenant may apply to court in Greater Manchester for relief from forfeiture.
Although the tenant does not have an automatic discretionary remedy available to the court, but if granted they may be able to continue to occupy the Bury premises under the lease they already have.
A tenant in Bury who has received a section 146 notice must make an application as soon as they can since they'll be fined if discovered to have delayed intentionally.
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