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If you are the landlord of a commercial property in Preston, there are countless reasons why you would want to regain the possession of your property, the most common reason is when a tenant violates their rental agreement, such as inadequate maintenance of the Preston property, constituting a nuisance to other properties around, subleasing the property without your permission, or even owing rents.
Forfeiture is the process of taking back ownership of your premises in Preston when held by a tenant.
Nevertheless, the tenant can only forfeit the lease if there was a certain clause in the agreement that enables them to do so.
All commercial leases in Lancashire are advised to be such as the authority of the property owner would be highly restricted without it.
Where you have the right to forfeit in Preston, this can be done in one of two methods:
This refers to the case where you move into the building in Leyland, Bamber Bridge, or Fulwood and have the locks replaced.
This method poses more risk because the tenant may apply for relief from forfeiture in court in Lancashire to regain possession as well as claiming compensation for any loss incurred due to wrongful removal in Preston.
It is advisable to go about the commercial eviction processes by applying to the court, though it may take time and may cost money, it is the preferred method in Preston.
Also, the path you chose depends on the cause of the repossession.
If the reason is that the tenant is not paying the rent in Preston, you can choose to re-enter the premises option without giving notice of the plan.
Reminding the tenant of any overdue rent is unnecessary as acknowledging continuance of the tenancy in Preston because this will lead to a waiver of your right to forfeit and will be required to wait the tenant misses the next payment of rent.
It is advised that you post a repossession note at the property door in Bamber Bridge, Leyland, or Fulwood and have a friend to assist you, such as a locksmith or an attorney.
In case other terms have been broken, you will have to first give a section 146 notice prior to regaining possession of your Preston premises.
This notice needs to be provided by your solicitor to everyone involved, including the landlord, the tenant, and subtenant in Lancashire.
It must be specific on the nature of the breach in Preston and whether is needs remedial action within a reasonable time or the settlement of the compensation.
You can proceed to forfeit the lease if the breach has not be remedied or compensation not paid.
Additional rules in Preston extend on notifications relevant to fix violations.
In some instances, you may be expected to provide the occupant in Bamber Bridge, Leyland, or Fulwood with the opportunity to claim legal protection.
If the tenant in Preston 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 Lancashire prior acting further.
However, this can be avoided if the lease agreement has the clause referring to the possession or re-entering the space in Preston and any cost of repair or claim will be added to the tenant account.
The landlord can apply to the court by making an application of possession in the county court in Lancashire.
You must complete the claim forms, in Preston you can also submit the claim forms online in some courts.
The Claim Forms would be served on the tenant(s) in Preston 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 Bamber Bridge, Fulwood, or Leyland if you made a mistake.
For forfeiture, an application can be made in court in Lancashire assuming particular conditions are met.
But, this doesn't imply that the leaseholder can enjoy the right automatically as it is an open cure found in court and if the leaseholder is handed the right, it implies that they may continue staying on the Preston premises under the current tenancy.
A tenant in Preston who has received a section 146 notice must make an application as soon as they can since they'll be fined if discovered to have delayed intentionally.
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