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There are several reasons why landlords of commercial properties in Northampton 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 Northampton property, assigning the property to someone else without your knowledge or not paying rent.
Taking possession of your property in Northampton is considered' forfeiture' while used by a resident.
The lease can only be forfeited if there is a specific condition mentioned in the agreement that allows you to do so.
As a Northamptonshire commercial property owner, it is advisable that you include the clause in your lease, without it, you are powerless.
The right to forfeit in Northampton can be implemented by the landlords in the following ways:
This entails gaining entrance into the property in Northampton, Wellingborough, or Watford and replacing the locks.
This is a risky option and your tenant may feel unfairly treated and apply for relief from forfeiture from the Northamptonshire court, which means the tenant repossess your property in Northampton aside from claiming compensation for whatever losses they incurred during the wrongful and forceful eviction.
This is the best option to choose in Northampton as this follows the legal procedures in court, however, it's costly and takes time to achieve the eviction and this should be your last option
Usually, the often chosen will depend on the reason for forfeiting the tenant.
Since the property can be re-entered by you in this scenario, there is no need to release any forfeit notice for delays in rent payment in Northampton.
It is not mandatory to agree on the continuity of the tenancy in Northampton 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.
You are advised to leave a repossession notice on the door step of the premises in Wellingborough, Watford, or Northampton while in the company of a witness, such as a locksmith or your solicitor.
In case other terms have been broken, you will have to first give a section 146 notice prior to regaining possession of your Northampton premises.
The landlord's solicitor will serve the notice to all the interested parties, such as the tenant(s), the subtenant(s), and the mortgagee(s) in Northamptonshire.
It must include the type of violation and whether it can be corrected within a specific period in Northampton, or if a settlement must be made.
If the breach is yet to be remedied or the compensation paid as expected then you are free to proceed to forfeit the lease.
Notices for repair condition breaches have some additional rules in Northampton.
In certain situations, you may be required to provide the tenant in Northampton, Wellingborough, or Watford the chance to claim statutory protection.
In case this statutory protection is demanded by the Northampton tenant (which needs to be fulfilled within 28 days following a section 146 notice), preliminary claim must be made to take permission from the court in Northamptonshire before taking any more actions.
The landowner may evade this in case the tenancy contains a clause allowing them to move into the Northampton premises to rectify any damages and later on ask for reimbursement of the incurred expenses from the tenant in terms of a debt.
For the possession, through the court, you have to file an application in the county court in Northamptonshire.
Standard claim forms must be filed, some courts permit the online submission of these forms in Northampton.
Your solicitor will then serve the claim forms within a stipulated period to the tenant in Northampton.
You must seek legal advice as mistakes at this stage can be costly and the possession through court is a complex procedure, your claim for possession in Watford, Wellingborough, or Northampton can be delayed by any misconduct.
The leaseholder may apply for forfeiting in court in Northamptonshire in case certain conditions have been met.
However, this does not mean that the tenant has an automatic right, it's a discretionary remedy that is available to a court and if the tenant is granted, it means they can continue living in the Northampton property under the existing lease.
The tenant in Northampton should apply immediately they receive a section 146 notice since they will be penalized if found to have delayed intentionally.
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