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As a commercial premise property owner in Lancashire there are a lot of reasons for the need to repossess your property, the common one being when your tenant breaches their tenancy terms; such as failure to pay rent, not keeping the premise in Lancashire in good condition by repairing them, being annoying to fellow tenants or assigning or subletting the premise without your permission.
Forfeiture refers to regaining possession of your property in Lancashire as a landlord when a tenant has occupied it.
But this can only be done if there is a specific clause within the tenant lease that allows the property owner to do this.
All commercial rents in Lancashire should include such a sentence as without it your authority as the owner is hardly restrained.
You can exercise Forfeiture in Lancashire in two different ways if you have the right to do so:
This involves the ability for you to gain access to your premises in Morecambe, Burnley, or Preston and being able to change the locks.
It is assumed to be also unsafe as your tenant could apply to court in Lancashire for 'relief from forfeiture', where the occupant snatch back occupancy and requests reimbursement for penalties incurred as an outcome of illicit expulsion in Lancashire.
This is the commonly preferred method in Lancashire, the downside is that, like any court case, it may be expensive and time consuming so it should only be used after all else has failed.
The reasons for getting back possession may influence the route you take.
If non-payment of rent is the reason behind the eviction process in Lancashire, you can re-enter the premises without notifying your tenant your decision to forfeit.
As a rule of thumb, the landlord must not do anything that could attract continuation of the tenancy in Lancashire 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 advised to drop a note of reclaiming on the entrance of the house in Preston, Burnley, or Morecambe and have a testifier to escort you, such as your solicitor or locksmith.
Before repossession of a property in Lancashire, landlords must first serve the tenant a Notice Section 146 prior to taking the premises' possession.
The notification must be offered by your lawyer on all interested parties in Lancashire, comprising the occupant, any mortgagee and any subtenant.
The nature of the breach in Lancashire must be specified and whether it requires remedial action or payment of compensation.
If the tenant refuses to pay the compensation or remedy the breach, you can go ahead and forfeit the lease without consequences.
Repair-related violation notices involve more regulations in Lancashire.
In some circumstances, you may be imposed to give the occupant in Preston, Burnley, or Morecambe the chance to maintain statutory security.
If the occupant in Lancashire requests this security, which they must do within 28 days of receiving a section 146 letter, before taking any further steps, the owner must submit a conditional application for the approval of the court in Lancashire.
This can be exceptional only if the agreement includes a clause about entering the premises in Lancashire for repairing any fault at premises and claim the costs of the repair from the tenant as a debt.
The process of Forfeiture begins with a possession application submitted to the county court in Lancashire.
The landlord must complete standard claim forms where in some courts, in Lancashire the forms of submission can be done online.
The Claim Forms would be served on the tenant(s) in Lancashire by the landlord's solicitor within a strict 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 Preston, Morecambe, or Burnley and cost money.
The tenant can try to get relief from forfeiture by applying to the Lancashire court if certain conditions are met.
Although the tenant is not automatically entitled to it, this is a non-obligatory solution provided by the court, however, if it is approved, the tenant may continue to remain on the property in Lancashire under their present lease.
The Lancashire 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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