113 Sycamore Field
0800 246 1381
Being a commercial landlord there can exist several reasons to have the possession of the Huddersfield property back and violation of agreement terms by the tenant is common like damaging the property in Huddersfield, having pending rents, creating problems for the neighbours assigning the premises to someone else without your approval/consent etc.
Claiming ownership of your Huddersfield property when inhabited by an occupant is called 'forfeiture'.
You need to add a clause in your lease agreement to let you forfeit the lease.
As a West Yorkshire commercial property owner, it is advisable that you include the clause in your lease, without it, you are powerless.
Huddersfield property owners bear forfeiture rights and they may execute it in the following ways:
This refers to the case where you move into the building in Brighouse, Huddersfield, or Holmfirth and have the locks replaced.
This technique is risky considering that the leaseholder may request for forfeiture relief in a West Yorkshire court of law to get back ownership and demand for reimbursement for the loss that may have been incurred following unlawful eviction in Huddersfield.
Under this you have to contact the court for possession and this can be costly and lengthy but it is the preferred way in Huddersfield but you should keep this as your final option.
The reason for the repossession helps with choosing the right route.
Since the property can be re-entered by you in this scenario, there is no need to release any forfeit notice for delays in rent payment in Huddersfield.
You must not acknowledge the continuance of the tenancy in Huddersfield by discussing overdue rent, as this can result in withdrawing your forfeiture rights and you have to hold off until the next rent payment is missed.
It is advised to drop a note of reclaiming on the entrance of the house in Huddersfield, Brighouse, or Holmfirth and have a testifier to escort you, such as your solicitor or locksmith.
For any other violations, you must first perform a section 146 notification before you can take back the ownership of the building in Huddersfield.
All the stakeholders such as the tenant mortgagee and any subtenant in West Yorkshire must be served with the Section 146 notice by your solicitor.
Nature of violation in Huddersfield must be mentioned on notice with its solution which can either be remedial action or in form of compensation amount within a specific deadline.
If these demands are not met, then the property you can continue to forfeit the lease.
Additional rules in Huddersfield extend on notifications relevant to fix violations.
There have been cases in which the landlord is required to offer the tenant in Holmfirth, Brighouse, or Huddersfield the chance to claim for statutory protection.
In case this statutory protection is demanded by the Huddersfield tenant (which needs to be fulfilled within 28 days following a section 146 notice), preliminary claim must be made to take permission from the court in West Yorkshire before taking any more actions.
This can be avoided by the landlord if there is a clause in the lease pertaining to the permission to enter the premise in Huddersfield in order to correct defects in repair and subsequently claim the incurred costs as debt from the occupier.
The first step towards the court procedure for forfeiture is to approach the West Yorkshire County Court and apply for an application possession.
Standard claim forms must be filed, some courts permit the online submission of these forms in Huddersfield.
The Huddersfield tenant must be served the claim forms by your solicitor within a stipulated timeframe.
Legal advice is suggested in this case as it is a complicated part of the law and mistakes could cause delays in repossession in Huddersfield, Holmfirth, or Brighouse and cost money.
The tenant can apply to the West Yorkshire court for relief from the forfeiture proceedings if specific requirements are met.
This isn't to say that all rights belong to the tenant, it is a discretionary right that the court possesses and the tenant can resume occupying the premises in Huddersfield under the current lease if granted.
The tenant in Huddersfield will have to make the application as soon as the Section 146 Notice was received as delaying without a justified reason can result in penalties.
Based in Huddersfield, 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.