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Being the owner of marketable property in St Albans, there are numerous motives why you may want to take back the ownership of your property, the most familiar being where your occupant violates their rent terms; such as, not maintaining the St Albans premises in good form, not paying lease, being an annoyer to neighbours and or appointing or subletting the premises without your permission.
When you take back the possession of your property in St Albans from a tenant, it's known as 'forfeiture'.
But this can only be done if there is a specific clause within the tenant lease that allows the property owner to do this.
Inclusion of such class in the agreement is strongly recommended to include these clauses in all Hertfordshire commercial leases as lack of such a clause can restrict your powers.
You can carry out the activity in St Albans using either of the options:
Through this channel you enter the premises in Hatfield, Harpenden, or Welwyn Garden City and change the locks.
It is risky as you may be convicted to the penalty if your tenant applies to the court in Hertfordshire for the relief and compensation and he can also take the possession back as a result of unlawful eviction in St Albans.
It should always be considered as the last resort as it can be lengthy process and it can cost you a lot, however, it's the preferred way of carrying out eviction in commercial properties in St Albans.
Also, the path you chose depends on the cause of the repossession.
In case of pending dues in St Albans, you can simply enter the premises and you don't need to serve a notice of forfeiture to the tenant.
You don't need to acknowledge the continuance of the tenancy in St Albans, 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.
You must leave a repossession notice on the premise door in Hatfield, Harpenden, or Welwyn Garden City which should be done while in the company of either a locksmith or your solicitor who acts as the witness.
It would help if you first served a section 146 notice for any other breaches before you can take possession of the property in St Albans.
All the interested parties in Hertfordshire, such as any tenant, subtenant, or mortgagee, must be delivered the notice by the solicitor.
The nature of the breach in St Albans must be specified and whether it requires remedial action or payment of compensation.
If the violation has not been mended or the reimbursement paid as mandated, then you can continue to forfeit the rent.
There are further laws that pertain to notification relating to violations of repair in St Albans.
There have been cases in which the landlord is required to offer the tenant in Harpenden, Hatfield, or Welwyn Garden City the chance to claim for statutory protection.
In case the statutory protection is claimed, the tenant in St Albans must do this within 28 days of section 146 notice, the landlord has to take the Hertfordshire court's permission with a preliminary claim.
However, all of this can be avoided if a clause in the lease is included that entitles the landlord to go into the property in St Albans to check any damages to the area and claim any costs to the property from the tenant as debt.
This procedure involves making an application for possession in the county court in Hertfordshire.
You must complete the claim forms, in St Albans you can also submit the claim forms online in some courts.
The claim forms must then be sent to the St Albans occupant, mostly by your lawyer, within a severe 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 Welwyn Garden City, Harpenden, or Hatfield and even cause irreparable damage.
Your tenant can apply to court in Hertfordshire for forfeiture relief if specific conditions are met.
However, the tenant does not have an automatic right; this is a discretionary remedy available to the court, but they may still be able to occupy the premises in St Albans under their existing lease if granted.
A leaseholder in St Albans that has been served with Sec, 146 order notice should apply immediately as they risk being penalised if it is found out they deliberately delayed.
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