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Your tenant is probably not paying rent on time, disturbing other tenants, tempering with the Glasgow premise or in breach of other lease terms like subletting your premises without your knowledge, these are some of the reasons a landlord may want to evict their commercial tenants and regain possession of their property in Glasgow.
Forfeiture is when the ownership of your property in Glasgow is regained by you as landlord after being occupied by a tenant.
However, forfeiture is only possible if there is a specific clause in the lease, enabling you to do so.
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 City of Glasgow.
Your power to forfeit in Glasgow can be enforced via 2 methods:
In this scenario, you replace all the locks at the property in Acre, Cadder, or Baillieston.
However, this is a risky move, as the tenant may apply to the City of Glasgow court for a 'relief from forfeiture' and if this has been found to be true, then the tenant will regain possession of the property in Glasgow and receive compensation for a problem that occurred during the process.
This is mostly the preferred path in Glasgow though, as with any judiciary proceedings, it can be expensive and long so should only be evaluated as a final resort.
The reasons for getting back possession may influence the route you take.
You don't need to provide a notice of your intention to forfeit if you are dealing with tenants who haven't paid rent in Glasgow; you can simply re-enter the premises.
As a rule of thumb, the landlord must not do anything that could attract continuation of the tenancy in Glasgow which includes reminding the tenant to pay the rent, because that may cause you to wait for the next rent payment day before you can re-enter the premises for eviction.
It is always advised to have a witness with you while leaving a notice of repossession at tenant's doorstep in Baillieston, Cadder, or Acre, it can be either locksmith or your solicitor.
You must first deliver a warning under section 146 before you can take possession of the property in Glasgow for any other violations.
The notification must be offered by your lawyer on all interested parties in City of Glasgow, comprising the occupant, any mortgagee and any subtenant.
The nature of the breach in Glasgow must be mentioned in the notice and whether payment is required for damages.
If the tenant refuses to pay the compensation or remedy the breach, you can go ahead and forfeit the lease without consequences.
Additional rulings in Glasgow are applied to notices that involve breaches in the failing to maintain property conditions.
In some instances, tenants in Cadder, Acre, or Baillieston must be given statutory rights to claim.
This must be claimed by the Glasgow tenant not more than 28 days after getting a section 146 notice and the landlord is required to apply for a preliminary claim for permission from the court in City of Glasgow before doing anything else.
However, all of this can be avoided if a clause in the lease is included that entitles the landlord to go into the property in Glasgow to check any damages to the area and claim any costs to the property from the tenant as debt.
For the possession, through the court, you have to file an application in the county court in City of Glasgow.
Standard claim forms must be filed, some courts permit the online submission of these forms in Glasgow.
These forms must be served to the tenant in Glasgow, often by the landlord's solicitor, within a given timeframe.
You should always take legal advice on this since it's a complex section of law, mistakes can be costly and delay repossession efforts in Cadder, Baillieston, or Acre.
Your tenant can apply to court in City of Glasgow for forfeiture relief if specific conditions are met.
However, the tenant isn't entitled to this automatically, it is a process available from the court, but if the tenant can gain this then they will probably be allowed to continue to live in the Glasgow property under their previous lease.
The Glasgow tenant shouldn't delay the relief from forfeiture application and they should submit it as soon as they are served the Section 146 notice as unnecessary delay may attract some penalty.
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