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There could be a multitude reasons why commercial property owners in Leicestershire could want to regain building possession, one of the most common reasons is broken lease terms by the tenant, for example, disrupting the neighbours, damaging the Leicestershire property, failure to pay rent or leasing the property further without the tenants' knowledge.
Repossessing your property in Leicestershire that is occupied by a tenant is known as 'forfeiture'.
Nevertheless, the tenant can only forfeit the lease if there was a certain clause in the agreement that enables them to do so.
Every commercial lease in Leicestershire should have such a clause in your tenancy agreement that would increase your chances of taking back possession of your premises.
Where you possess the privilege to forfeit in Leicestershire, this can be handled in one of two ways:
This involves the landlord entering the premises in Loughborough, Hinckley, or Coalville and changing the locks.
The tenant may decide to take it up by applying to the court in Leicestershire for "relief from forfeiture" where if granted, the tenant would reclaim the premises in Leicestershire and may even claim compensation on the grounds of wrongful eviction.
This is the commonly preferred method in Leicestershire, 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 the reason is that the tenant is not paying the rent in Leicestershire, you can choose to re-enter the premises option without giving notice of the plan.
You need not do anything that may show tenancy continuance in Leicestershire, for instance, repeating to your occupiers that their time to pay rent is over as it could lead to a waiver to the forfeiture right and be compelled to sit back and wait until rent is never paid again.
It is advised to drop a note of reclaiming on the entrance of the house in Loughborough, Hinckley, or Coalville and have a testifier to escort you, such as your solicitor or locksmith.
Any other types of breaches to the lease will require a serving of a section 146 notice before any action can be taken to retake the property in Leicestershire.
Your solicitor must serve the notice on all stakeholders, including the tenant, any mortgagee and any subtenant in Leicestershire.
The notice has to state the status of the breach in Leicestershire and if it needs corrective action within a certain period of time or compensation payment.
If the compensation is not done or any violations not resolved, then you can exercise the forfeit.
There are extra laws in Leicestershire that apply for notices relating to breaches of repair.
In some instances, tenants in Coalville, Loughborough, or Hinckley must be given statutory rights to claim.
Before taking any further action, the landlord must make a preliminary claim for the Leicestershire court's permission if the tenant in Leicestershire claims this protection within 28 days of receiving a section 146 notice.
This may be prevented if the rental agreement includes a clause that empowers the landlord to enter the property in Leicestershire and correct any repair deficit and claim the incurred costs of repair as debts to be paid by the tenant.
If you want to carry out forfeiture, you must make an application for possession in the Leicestershire county court to start the court procedure.
The landlord has to fill the standard claim forms which in Leicestershire can either be done online in some courts.
The claim forms must then be served within a strict time frame on the tenant in Leicestershire, usually by your solicitor.
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 Loughborough, Hinckley, or Coalville and be costly.
The tenants can be entertained with the relief from forfeiture in Leicestershire court if certain circumstances prevail.
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 Leicestershire under the current lease if granted.
However, the tenant in Leicestershire is required to make an application immediately they receive a section 146 notice to avoid been penalized for unnecessary delay.
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