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As a commercial premise property owner in Cambridge 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 Cambridge in good condition by repairing them, being annoying to fellow tenants or assigning or subletting the premise without your permission.
You can take back the possession of the property in Cambridge from the tenant while it is occupied, this kind of Clause is called forfeiture.
But this can only be done if there is a specific clause within the tenant lease that allows the property owner to do this.
It's recommended that all leases of commercial property in Cambridgeshire 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 Cambridge:
You can enter the premises in Carlton, Cambridge, or Chippenham and change the locks where the tenant is staying.
However, this may be a risky procedure as the tenant can claim in the court in Cambridgeshire 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 Cambridge.
This is the best option to choose in Cambridge as this follows the legal procedures in court, however, it's costly and takes time to achieve the eviction and this should be your last option
Consider the reason why you want to repossess the property when contemplating the ideal route to take.
If non-payment of rent is the reason behind the eviction process in Cambridge, you can re-enter the premises without notifying your tenant your decision to forfeit.
It is best not to let the tenant know regarding duration of tenancy in Cambridge, like reminding them of overdue rent, because resultantly your right to forfeit would be waivered and you won't be able to do anything until the next overdue rent payment.
It is advised that you post a repossession note at the property door in Cambridge, Carlton, or Chippenham and have a friend to assist you, such as a locksmith or an attorney.
In case of any other breaches, you must serve a section 146 notice before you are bound to premises repossession in Cambridge.
All the stakeholders such as the tenant mortgagee and any subtenant in Cambridgeshire must be served with the Section 146 notice by your solicitor.
This notice will specify the remedial majors in Cambridge or the compensation that needs to be done for breaking any clause.
If the breach is yet to be remedied or the compensation paid as expected then you are free to proceed to forfeit the lease.
Notices that are related to breach of repair have more rules in Cambridge.
The landlord will be required to offer the opportunity to the tenant in Cambridge, Chippenham, or Carlton where they may claim statutory protection.
When the tenant in Cambridge uses this protection, they must respond within 28 days of getting a section 146 notice and the landlord must get a preliminary claim from the court in Cambridgeshire before taking any further action.
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 Cambridge.
The forfeiture court procedure begins by applying to the county court in Cambridgeshire for possession.
You must complete some standard claim forms and in Cambridge you can submit them online.
After that, the tenant in Cambridge would receive the claim forms, through a solicitor within a specific time bracket.
Since this is a very complex process, seek professional advice from your solicitor to avoid making costly mistakes that can equally prolong the repossession period in Chippenham, Cambridge, or Carlton.
The tenant can try to get relief from forfeiture by applying to the Cambridgeshire court if certain conditions are met.
This isn't to say that all rights belong to the tenant, it is a discretionary right that the court possesses and the tenant can resume occupying the premises in Cambridge under the current lease if granted.
The tenants in Cambridge 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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