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Some commercial landlord wants to take back possession of their premises in Portsmouth for one or two reasons, the most common being situations where the tenant is breaching the lease terms such as, not keeping the premises in Portsmouth in good repair, not paying rent, being a nuisance to neighbours, and many more.
Forfeiture refers to regaining possession of your property in Portsmouth as a landlord when a tenant has occupied it.
However, forfeiture is only possible if there is a specific clause in the lease, enabling you to do so.
All commercial rents in Hampshire should include such a sentence as without it your authority as the owner is hardly restrained.
When you have legitimate reasons to forfeit in Portsmouth, you can do this in two different ways:
This entails you successfully enter the property in Ryde, Cowes, or Pyle and switch the locks.
It is risky as you may be convicted to the penalty if your tenant applies to the court in Hampshire for the relief and compensation and he can also take the possession back as a result of unlawful eviction in Portsmouth.
This is the best option to choose in Portsmouth 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
The grounds for possession usually determine the method you may decide to use.
You are not required to give notice of your plan to forfeit in the case of non-payment of rent in Portsmouth; you may easily re-enter the premises.
It is advised not to give notice of any overdue rent, as doing such an action will give away your right to forfeit the property in the moment in Portsmouth, and you would need to wait until the next failed payment of rent before you can then forfeit the property again.
However, it's advisable to leave a notice of repossession on the door in Ryde, Cowes, or Pyle and have a witness such as your solicitor accompany you.
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 Portsmouth.
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 Hampshire.
The notice should give details regarding the violation in Portsmouth and in case it requires remedial measures with a particular time-frame or reimbursement.
If the compensation is not done or any violations not resolved, then you can exercise the forfeit.
Notices for repair condition breaches have some additional rules in Portsmouth.
In certain situations, the landlord may be required to provide the tenant in Cowes, Pyle, or Ryde with statutory protection.
If the tenant in Portsmouth demands this protection, which they must do within 4 weeks of receiving a section 146 notice, the property owner must make an initial claim asking for permission from the court in Hampshire prior acting further.
The landlord can avoid this if the lease has a clause that permits them to enter the property in Portsmouth to correct any repair defect and then claim the costs incurred from the occupier as debt.
The process involving forfeiture begins with requesting for ownership from the regional court in Hampshire.
You must complete some standard claim forms and in Portsmouth you can submit them online.
The Claim Forms would be served on the tenant(s) in Portsmouth by the landlord's solicitor within a strict timeframe.
It is necessary to consult legal experts because this is an intricate aspect of law and making errors may slow down your possession in Ryde, Pyle, or Cowes and even cause irreparable damage.
The tenants can be entertained with the relief from forfeiture in Hampshire court if certain circumstances prevail.
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 Portsmouth property under the existing lease.
Immediately after receiving the section 146 notice, the Portsmouth tenant should make the application or else will be given a penalty in case they are found to have played a delaying tactic unavoidably or intentionally.
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