113 Sycamore Field
0800 246 1381
As a commercial premise property owner in Northumberland there are a lot of reasons for the need to repossess your property, the common one being when your tenant breaches their tenancy terms; such as failure to pay rent, not keeping the premise in Northumberland in good condition by repairing them, being annoying to fellow tenants or assigning or subletting the premise without your permission.
Taking back possession of your property in Northumberland whilst a tenant is occupying it is under a term known as "forfeiture."
The landlord can only be allowed to forfeit if there was a clause in the lease that grants him the freedom to do so.
All commercial leases in Northumberland are advised to be such as the authority of the property owner would be highly restricted without it.
Your right to forfeit in Northumberland can be exercised in following ways:
Through this channel you enter the premises in Cramlington, Ashington, or Blyth and change the locks.
It is even more dangerous because the tenant can go to court in Northumberland for 'relief from foreclosure' where the tenant takes possession back and demands redress for damages arising from unlawful eviction in Northumberland.
This is the most preferred route in Northumberland, but it's costly and lengthy as with any court proceedings, so, it should only be considered as a last resort.
The route you opt to take most of the times depends on the reason for the repossession.
For rent not being paid in Northumberland it is not a requirement to provide any notice of your intention to forfeit; you can simple re-enter the property.
You don't need to acknowledge the continuance of the tenancy in Northumberland, such as reminds the tenant of any overdue rent as this can mean your forfeit your rights and must wait until the next missed payment to take action.
Ensure you go with a third-party before you leave a notice of repossession on the tenant's door in Ashington, Blyth, or Cramlington, such as your solicitor or a locksmith.
A section 146 notice needs to be given if any other terms have been broken before taking back the property possession in Northumberland.
Your solicitor must serve the notice to everyone involved including the landlord, subtenant and the tenant in Northumberland.
The nature of the breach in Northumberland must be mentioned in the notice and whether payment is required for damages.
If these demands are not met, then the property you can continue to forfeit the lease.
Notices for repair condition breaches have some additional rules in Northumberland.
There have been cases in which the landlord is required to offer the tenant in Ashington, Cramlington, or Blyth the chance to claim for statutory protection.
This must be claimed by the Northumberland tenant not more than 28 days after getting a section 146 notice and the landlord is required to apply for a preliminary claim for permission from the court in Northumberland before doing anything else.
The landowner may evade this in case the tenancy contains a clause allowing them to move into the Northumberland premises to rectify any damages and later on ask for reimbursement of the incurred expenses from the tenant in terms of a debt.
The first step towards the court procedure for forfeiture is to approach the Northumberland County Court and apply for an application possession.
You will have to complete a standard claim form that in Northumberland can also be submitted via the internet in some courts.
The Northumberland tenant must be served the claim forms by your solicitor within a stipulated timeframe.
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 Blyth, Cramlington, or Ashington and be costly.
The tenant can apply to the Northumberland court for relief from the forfeiture proceedings if specific requirements are met.
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 Northumberland while the existing lease lasts.
The tenants in Northumberland have to work promptly once they have gotten the section 146 notice as there are penalties for filing without am applicable reason.
Based in Northumberland, 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.