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As a landlord of commercial property in Hereford, there are many grounds why you may want to take back custody of your premises, the most prominent being where the tenant is in default of their conditions of lease; such as not paying rent, not maintaining the Hereford premises in good repair, being a hazard to neighbours or transferring or subordinating the premises without your permission.
Forfeiture is when the ownership of your property in Hereford is regained by you as landlord after being occupied by a tenant.
Nevertheless, you can only lose the rent if there is a sentence in the rent allowing you to do so.
For all commercial leases in Herefordshire it is advisable to contain a clause as such as without it, your will have restricted powers as a property owner.
This can be done in one of two cases where you have the option to forfeit in Hereford:
This requires you to enter the premises in Hereford, Stretford, or Eastwood effectively and change the locks.
However, this is a risky move, as the tenant may apply to the Herefordshire 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 Hereford and receive compensation for a problem that occurred during the process.
It should always be considered as the last resort as it can be lengthy process and it can cost you a lot, however, it's the preferred way of carrying out eviction in commercial properties in Hereford.
The option you opt for depends on the reason for repossession.
If the tenant has failed to pay rent in Hereford, then the landlord is not legally obliged to provide notice of the intention to forfeit the property; you can easily re-enter the property.
It is imperative that you don't give the tenant a reminder of the overdue rent in Hereford, otherwise, you may lose your right to forfeit because of acknowledgement, and if that happens, you are at the mercy of the tenant because you are helpless until the tenant default on the next rent payment.
It is therefore advisable to place a notice regarding repossession on the tenant's front door on your premises in Stretford, Hereford, or Eastwood and call in your locksmith or lawyer as witness.
If you're dealing with other breaches, you cannot take possession of the property in Hereford unless you send the section 146 notice.
Your solicitor is the one who must serve this notice to all parties; the tenant, mortgagee, subtenants in Herefordshire.
The nature of the breach in Hereford must be specified and whether it requires remedial action or payment of compensation.
The landlord can only proceed with the forfeiture of the lease if the breach wasn't remedied at the given time.
Additional rulings in Hereford are applied to notices that involve breaches in the failing to maintain property conditions.
In some instances you may obliged to offer the tenant in Eastwood, Stretford, or Hereford the chance to claim statutory protection.
The rule is that a tenant in Hereford seeking this claim must do so within 28 days of a Notice of Section 146 and the landlord must get a preliminary claim with the court in Herefordshire's consensus.
This can be prevented if the rent includes a sentence which authorises the owner to enter the Hereford building to make amends of any deficiency of repair and affirm any costs incurred back from the occupant as an obligation.
The court forfeiture procedure begins by applying for possession in the county court in Herefordshire.
You will have to complete a standard claim form that in Hereford can also be submitted via the internet in some courts.
The claim forms must then be served to the Hereford tenant through your solicitor, within a strict time-frame.
You should get legal advice as this area of law is tricky and mistakes on your part can delay the process in Eastwood, Hereford, or Stretford, as well as it being lengthy and costly.
In some specific conditions, your tenant can apply for relief from forfeiture in the court in Herefordshire.
However, the tenant doesn't have an automatic right to get the relief and the court will decide whether they deserve the relief, but they will be able to occupy the Hereford premises if the court grants them some relief.
Immediately when a section 146 notice is served to the Hereford tenant, they should apply because there are penalties when there is any delay in applying without a justified reason.
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