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There are several reasons why landlords of commercial properties in Milton Keynes may wish to regain possession of their buildings, the common reason is when the tenant breaks terms of the lease, for example, causing disturbance to neighbours, destroying the Milton Keynes property, assigning the property to someone else without your knowledge or not paying rent.
Forfeiture is when the ownership of your property in Milton Keynes is regained by you as landlord after being occupied by a tenant.
Nevertheless, the lease can only be given up by the tenant if the agreement states a particular clause which lets them do so.
As a Buckinghamshire commercial property owner, it is advisable that you include the clause in your lease, without it, you are powerless.
When you have legitimate reasons to forfeit in Milton Keynes, you can do this in two different ways:
This entails gaining entrance into the property in Milton Keynes, Newport Pagnell, or Bletchley and replacing the locks.
This method poses more risk because the tenant may apply for relief from forfeiture in court in Buckinghamshire to regain possession as well as claiming compensation for any loss incurred due to wrongful removal in Milton Keynes.
This is the commonly preferred method in Milton Keynes, 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 path you choose constantly relies on the purpose of the reclaiming.
If non-payment of rent is the reason behind the eviction process in Milton Keynes, you can re-enter the premises without notifying your tenant your decision to forfeit.
It is not mandatory to agree on the continuity of the tenancy in Milton Keynes 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 advised that you post a repossession note at the property door in Milton Keynes, Bletchley, or Newport Pagnell and have a friend to assist you, such as a locksmith or an attorney.
A section 146 notice needs to be given if any other terms have been broken before taking back the property possession in Milton Keynes.
Your lawyer is supposed to serve all the involved parties in Buckinghamshire like any mortgagees, subtenants as well as the tenant with the notice.
The notice must specify the type of lease terms that were breached in Milton Keynes and how they can be remedied (if possible) within a reasonable timeframe.
If there is neither remedial action nor compensation payment as needed then steps for lease forfeiture are acceptable.
If the tenant broke any other lease terms in Milton Keynes, there are other rules as specified by law.
It is observed in some cases that tenants in Bletchley, Newport Pagnell, or Milton Keynes have the right to be given statutory protection.
In case the statutory protection is claimed, the tenant in Milton Keynes must do this within 28 days of section 146 notice, the landlord has to take the Buckinghamshire court's permission with a preliminary claim.
This can be prevented if the rent includes a sentence which authorises the owner to enter the Milton Keynes building to make amends of any deficiency of repair and affirm any costs incurred back from the occupant as an obligation.
This procedure involves making an application for possession in the county court in Buckinghamshire.
The landlord must complete standard claim forms, which in Milton Keynes can now be submitted online.
The Claim Forms would be served on the tenant(s) in Milton Keynes by the landlord's solicitor within a strict timeframe.
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 Milton Keynes, Newport Pagnell, or Bletchley if you made a mistake.
Your occupant can apply to court in Buckinghamshire for comfort from forfeiture if specific requirements are fulfilled.
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 Milton Keynes under the current lease if granted.
As soon as the section 146 notice is delivered, the tenant in Milton Keynes needs to make an application to the court because if they delayed the application unnecessarily, they will be penalized.
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