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The landlords of commercial properties in Cornwall can take back the possession of their premises for many reasons, usually, they end the tenancy when the tenant is in breach of their lease terms; such as being nuisance to neighbours, not keeping the Cornwall premises in good repair, not paying rent or subletting the premises without the landlord's consent.
Repossessing your property in Cornwall that is occupied by a tenant is known as 'forfeiture'.
And, if there is a specific clause in the contract that requires you to do so, you can only void the lease.
The landlords powers are severely restricted if the commercial lease doesn't contain such a clause, therefore, you must mention it in all the commercial leases in Cornwall.
Your right to forfeit in Cornwall can be exercised in following ways:
Through this channel you enter the premises in Saint Austell, Truro, or Camborne-Redruth and change the locks.
It is risky as you may be convicted to the penalty if your tenant applies to the court in Cornwall for the relief and compensation and he can also take the possession back as a result of unlawful eviction in Cornwall.
This is the best option to choose in Cornwall 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
The route you opt to take most of the times depends on the reason for the repossession.
If the reason is that the tenant is not paying the rent in Cornwall, you can choose to re-enter the premises option without giving notice of the plan.
You'd be causing damage to your right to forfeit if you considered sending a reminder to the tenant of any overdue rent in Cornwall, after that you won't be able to forfeit unless the next rent payment is missed.
Ensure you go with a third-party before you leave a notice of repossession on the tenant's door in Truro, Camborne-Redruth, or Saint Austell, such as your 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 Cornwall.
Your solicitor should serve mortgagee, the tenant, and other subtenants, if possible in Cornwall.
The status of the violation in Cornwall needs to be clearly stated in the notice along with any compensation payment or corrective action required within a particular time period.
You can proceed to forfeit the lease if the breach has not be remedied or compensation not paid.
Other rules in Cornwall also govern notices connected to violation of repair.
In certain instances, you may be forced to give your occupants in Saint Austell, Camborne-Redruth, or Truro the opportunity to file for statutory security.
Before taking any further action, the landlord must make a preliminary claim for the Cornwall court's permission if the tenant in Cornwall claims this protection within 28 days of receiving a section 146 notice.
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 Cornwall.
The forfeiture process starts with an application to the county court in Cornwall for possession.
You must complete the claim forms, in Cornwall you can also submit the claim forms online in some courts.
The claim forms must then be served within a strict time frame on the tenant in Cornwall, usually by your solicitor.
It is necessary to consult legal experts because this is an intricate aspect of law and making errors may slow down your possession in Camborne-Redruth, Truro, or Saint Austell and even cause irreparable damage.
Your tenant can apply for relief from forfeiture in the court in Cornwall if certain conditions are met.
The occupant doesn't possess an automated right yet; this is an optional solution accessible to the court, but if approved, they may be able to proceed to inhabit the building in Cornwall under their occurring rent.
After receiving a section 146 notice an application must be filed by the Cornwall tenant as soon as possible otherwise they will be convicted to a penalty for unnecessary delay.
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