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If you are a commercial building landlord in Cumbria, then there could be a few good reasons why you would want to retain possession of the premises, commonly, you may want it back if the current tenant is breaking rules set out in the lease terms, this could include failing to pay rent, not maintaining the Cumbria property, disturbing the neighbours, or subletting the property without permission or consent.
Forfeiture is a term used when a property in Cumbria is recovered from the tenant's occupation.
You should have a specific clause that allows the landlord to take back their properties from tenants.
It's recommended that all commercial landlords in Cumbria include such clause because, without it, your powers as a landlord are restricted.
If you ascertained your rights to forfeit in Cumbria, you can do so using two ways:
This entails you successfully enter the property in Carlisle, Barrow-in-Furness, or Kendal and switch the locks.
However, this is a dangerous option because the tenant may seek "relief from forfeiture", meaning the tenant will take back the possession and claim any loss in the illegal eviction in Cumbria, lay a claim for compensation in court in Cumbria.
This is mostly the preferred path in Cumbria though, as with any judiciary proceedings, it can be expensive and long so should only be evaluated as a final resort.
The reason for the repossession helps with choosing the right route.
If the tenant has failed to pay the rent in Cumbria, giving notice with the intention of forfeiture is not necessary instead you just re-enter the premise.
You shouldn't do anything to reveal the continuance of tenancy in Cumbria, for example, reminding your tenant that the rent is overdue because this could result in a waiver of the right to forfeit and you may be forced to wait until the next rent payment is not paid.
You can simply leave a notice of repossession on the door of the property in Carlisle, Kendal, or Barrow-in-Furness and don't forget to bring a witness with you, a solicitor or a locksmith.
If there are other breaches aside from the ones listed above, serve a Section 146 notice first before repossessing the Cumbria property.
The landlord's solicitor will serve the notice to all the interested parties, such as the tenant(s), the subtenant(s), and the mortgagee(s) in Cumbria.
The notice has to state the status of the breach in Cumbria and if it needs corrective action within a certain period of time or compensation payment.
If the violation has not been mended or the reimbursement paid as mandated, then you can continue to forfeit the rent.
There are other stipulations that govern notices for repair violations in Cumbria.
It is observed in some cases that tenants in Barrow-in-Furness, Kendal, or Carlisle have the right to be given statutory protection.
If your Cumbria tenant demands this statutory protection, which has to be done in 28 days after getting a section 146 notice, the landlord will have to seek a preliminary claim for permission from Cumbria court prior to taking any further actions.
This can be prevented if the rent includes a sentence which authorises the owner to enter the Cumbria building to make amends of any deficiency of repair and affirm any costs incurred back from the occupant as an obligation.
The process involving forfeiture begins with requesting for ownership from the regional court in Cumbria.
The landlord must complete standard claim forms, which in Cumbria can now be submitted online.
The claim forms are then served to the tenant in Cumbria by your solicitor within a strict time - frame.
As it is a law area that is complicated, you should always take legal advice on this, and errors can slow down your repossession in Carlisle, Barrow-in-Furness, or Kendal and be costly.
The tenants can be entertained with the relief from forfeiture in Cumbria court if certain circumstances prevail.
This is not an automatic privilege; it is a process where the court will determine the rights and if successful, the tenant may be granted to stay in the premises in Cumbria under the current lease agreement.
If a tenant in Cumbria has received section 146 notice, he is required to make an application at their earliest or they will be fined if known to delay on purpose.
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