113 Sycamore Field
0800 246 1381
Your tenant is probably not paying rent on time, disturbing other tenants, tempering with the Merseyside premise or in breach of other lease terms like subletting your premises without your knowledge, these are some of the reasons a landlord may want to evict their commercial tenants and regain possession of their property in Merseyside.
Forfeiture is a term used when a property in Merseyside is recovered from the tenant's occupation.
Nevertheless, the lease can only be given up by the tenant if the agreement states a particular clause which lets them do so.
It's recommended that all leases of commercial property in Merseyside include a forfeit clause because without one, your powers as the landlord are extremely limited.
Where you have the right to forfeit in Merseyside, this can be done in one of two methods:
In this scenario, you replace all the locks at the property in Liverpool, Southport, or Saint Helens.
It is even more dangerous because the tenant can go to court in Merseyside for 'relief from foreclosure' where the tenant takes possession back and demands redress for damages arising from unlawful eviction in Merseyside.
This is the most favourable way in Merseyside, even though the proceedings take undue time and are costly, but this route is advised as the last resort.
How you proceed depends on the reason for repossession.
If the reason is that the tenant is not paying the rent in Merseyside, 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 Merseyside, 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 therefore advisable to place a notice regarding repossession on the tenant's front door on your premises in Saint Helens, Liverpool, or Southport and call in your locksmith or lawyer as witness.
If there is a violation of any other condition, you are required to give your tenants a section 146 notice before you can regain possession of your property in Merseyside.
All the interested parties in Merseyside, such as any tenant, subtenant, or mortgagee, must be delivered the notice by the solicitor.
The specific nature of the breach in Merseyside must be specified in the notice and it should also indicate whether payment of compensation is necessary.
The landlord can only proceed with the forfeiture of the lease if the breach wasn't remedied at the given time.
There are other stipulations that govern notices for repair violations in Merseyside.
In certain instances, you may be forced to give your occupants in Saint Helens, Liverpool, or Southport the opportunity to file for statutory security.
If the Merseyside occupant professes this security, which they must do within 28 days of obtaining a section 146 notification, the landowner must make a preliminary statement for the Merseyside court's authorisation before taking any other 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 Merseyside premises, the claim can be avoided.
The first step towards the court procedure for forfeiture is to approach the Merseyside County Court and apply for an application possession.
There are standard claim procedures that must be finalized, which in Merseyside can now be delivered online in some courts.
The claim forms are then served to the tenant in Merseyside by your solicitor within a strict time - frame.
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 Liverpool, Saint Helens, or Southport and be costly.
The leaseholder may apply for forfeiting in court in Merseyside in case certain conditions have been 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 Merseyside under the current lease if granted.
The occupant in Merseyside should make a request as soon as they collect a section 146 notification since they will be chastised if they are discovered to have delayed needlessly.
Based in Merseyside, 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.