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If you are the landlord of a commercial property in Mansfield, there are countless reasons why you would want to regain the possession of your property, the most common reason is when a tenant violates their rental agreement, such as inadequate maintenance of the Mansfield property, constituting a nuisance to other properties around, subleasing the property without your permission, or even owing rents.
When you take back the possession of your property in Mansfield from a tenant, it's known as 'forfeiture'.
However, you cannot forfeit the lease if the lease doesn't contain a specific clause that enables the landlord to do so.
It is advisable to contain such a clause for all commercial leases in Nottinghamshire as your powers as a landlord will be severely restricted without it.
The right to forfeit in Mansfield can be implemented by the landlords in the following ways:
This requires you to enter the premises in Sutton In Ashfield, West Bridgford, or Hucknall effectively and change the locks.
The tenant may decide to take it up by applying to the court in Nottinghamshire for "relief from forfeiture" where if granted, the tenant would reclaim the premises in Mansfield and may even claim compensation on the grounds of wrongful eviction.
This is the typical method used in Mansfield, you can use the help of the court and the court will provide you with possession orders, however, this method is lengthy and costly.
The reasons for getting back possession may influence the route you take.
You don't need to provide a notice of your intention to forfeit if you are dealing with tenants who haven't paid rent in Mansfield; you can simply re-enter the premises.
It is not mandatory to agree on the continuity of the tenancy in Mansfield such as prompt the tenant of any rent that is unpaid, as this may lead to a waiver of your right to forfeit and you will have to wait until the following rent settlement is unpaid.
It is recommended that you drop a notice of repossession at the front door of the property in Sutton In Ashfield, Hucknall, or West Bridgford in the presence of a witness such as a locksmith, or even your solicitor is recommended.
For any other breaches, first it is a must you serve a section 146 notice before proceeding to take possession of the premises in Mansfield.
All parties, such as any mortgagee, subtenant and tenant in Nottinghamshire should be served the notice by your solicitor.
It must define the extent of the violation in Mansfield and whether, within a reasonable time, this needs remedial action or monetary pay-out.
If these demands are not met, then the property you can continue to forfeit the lease.
When it comes to breach of repair in Mansfield, some rules apply before serving the notice.
It is observed in some cases that tenants in West Bridgford, Hucknall, or Sutton In Ashfield have the right to be given statutory protection.
When the tenant in Mansfield uses this protection, they must respond within 28 days of getting a section 146 notice and the landlord must get a preliminary claim from the court in Nottinghamshire before taking any further action.
However, if the landlord enshrined a clause in the lease that entitles the landlord to rectify any defect of repair and claim the cost from the tenant by going into the Mansfield premises, the claim can be avoided.
The process of Forfeiture begins with a possession application submitted to the county court in Nottinghamshire.
There is a standard form for claims that will need to be completed which in Mansfield may be submitted online in certain courts.
The forms will then be served to the tenant in Mansfield preferably by your solicitor within a strict time-frame.
It's the complex area of the law, therefore, you must take legal advice on this, otherwise you'd end up delaying your repossession in Sutton In Ashfield, Hucknall, or West Bridgford if you made a mistake.
Relief from forfeiture can be applied for by the tenant to Nottinghamshire court when certain conditions have been achieved.
Although that's not the tenant's automatic rights, the court can offer this remedy at its discretion that may allow the tenant to continue using the premises in Mansfield while the existing lease lasts.
The Mansfield 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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