113 Sycamore Field
0800 246 1381
If you are a commercial building landlord in Hartlepool, 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 Hartlepool property, disturbing the neighbours, or subletting the property without permission or consent.
The professional name for retaining your property in Hartlepool from the occupation of a tenant is called 'forfeiture'.
The landlord can only be allowed to forfeit if there was a clause in the lease that grants him the freedom to do so.
Without this clause, there is an extreme limitation of your rights as a landlord, so it is recommended that such clauses should be included in all commercial rentals in Durham.
This can be done in one of two cases where you have the option to forfeit in Hartlepool:
This involves the landlord entering the premises in Bellevue, Croft on Heugh, or Dalton Piercy and changing the locks.
This is a risky option and your tenant may feel unfairly treated and apply for relief from forfeiture from the Durham court, which means the tenant repossess your property in Hartlepool aside from claiming compensation for whatever losses they incurred during the wrongful and forceful eviction.
Under this you have to contact the court for possession and this can be costly and lengthy but it is the preferred way in Hartlepool but you should keep this as your final option.
Your reasons for regaining possession could have a role in deciding the route taken by you.
For non-payment of the lease in Hartlepool, you're not expected to provide any information about your purpose to forfeit; you can just go ahead to repossess your property.
You must not do anything that can cause the tenancy agreement to continue in Hartlepool which means your chances of forfeiture are reduced or completely vanished like you must not remind your tenant about any pending rent or wait for next payment to be missed.
It's recommended to post repossession notice on the front door of the property in Croft on Heugh, Bellevue, or Dalton Piercy and bring along a witness such as your solicitor or locksmith.
In case of breaking any clause from the lease agreement section, 146 will be exercised before getting back possession of the Hartlepool property.
Your solicitor has to serve the notice to all parties involved such as any subtenant, any mortgagee and the tenant in Durham.
It must include the type of violation and whether it can be corrected within a specific period in Hartlepool, or if a settlement must be made.
The landlord can only proceed with the forfeiture of the lease if the breach wasn't remedied at the given time.
Other rules in Hartlepool also govern notices connected to violation of repair.
In some instances, you may be expected to provide the occupant in Bellevue, Croft on Heugh, or Dalton Piercy with the opportunity to claim legal protection.
This protection needs to be sought by the Hartlepool tenant within the stipulated 28 days of receiving the Section 146 notice, it is mandatory that the landlord make a preliminary claim for permission from the court in Durham before making any further moves.
However, this can be avoided if the lease agreement has the clause referring to the possession or re-entering the space in Hartlepool and any cost of repair or claim will be added to the tenant account.
This process begins with the landlord making an application for possession of the property within the county court in Durham.
The landlord must complete standard claim forms, which in Hartlepool can now be submitted online.
Moreover, the landlord has to provide the notice in the presence of the Solicitor to the tenant in Hartlepool.
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 Bellevue, Croft on Heugh, or Dalton Piercy and be costly.
If certain conditions are met, your tenant may apply to court in Durham for relief from forfeiture.
However, the tenant does not have an automatic right; this is a discretionary remedy available to the court, but they may still be able to occupy the premises in Hartlepool under their existing lease if granted.
A leaseholder in Hartlepool that has been served with Sec, 146 order notice should apply immediately as they risk being penalised if it is found out they deliberately delayed.
Based in Hartlepool, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.