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As a landlord of commercial property in Swansea, there are many grounds why you may want to take back custody of your premises, the most prominent being where the tenant is in default of their conditions of lease; such as not paying rent, not maintaining the Swansea premises in good repair, being a hazard to neighbours or transferring or subordinating the premises without your permission.
Taking possession of your property in Swansea is considered' forfeiture' while used by a resident.
However, the leaseholder may just forfeit the tenancy in case there exists a particular clause within the contract that allows them to act like so.
Without this clause, there is an extreme limitation of your rights as a landlord, so it is recommended that such clauses should be included in all commercial rentals in West Glamorgan.
Your right to forfeit in Swansea can be exercised in following ways:
This involves the ability for you to gain access to your premises in Llanelli, Neath Abbey, or Swansea/Abertawe and being able to change the locks.
This is a sensitive method because the tenant can file a 'relief from forfeiture' claim to the West Glamorgan court, if this is successful, the tenant will regain possession of the property in Swansea and also request for a settlement for losses as a result of unfair removal from the property.
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 Swansea.
Your choice depends upon the reason for eviction.
In case of pending dues in Swansea, you can simply enter the premises and you don't need to serve a notice of forfeiture to the tenant.
You must not do anything that can cause the tenancy agreement to continue in Swansea which means your chances of forfeiture are reduced or completely vanished like you must not remind your tenant about any pending rent or wait for next payment to be missed.
It is recommended that you drop a notice of repossession at the front door of the property in Swansea/Abertawe, Llanelli, or Neath Abbey in the presence of a witness such as a locksmith, or even your solicitor is recommended.
Before repossession of a property in Swansea, landlords must first serve the tenant a Notice Section 146 prior to taking the premises' possession.
Your lawyer is supposed to serve all the involved parties in West Glamorgan like any mortgagees, subtenants as well as the tenant with the notice.
It must define the extent of the violation in Swansea and whether, within a reasonable time, this needs remedial action or monetary pay-out.
If these demands are not met, then the property you can continue to forfeit the lease.
There are other extra rules in Swansea related to repair violations.
In some circumstances, you may be imposed to give the occupant in Swansea/Abertawe, Neath Abbey, or Llanelli the chance to maintain statutory security.
If the occupant in Swansea requests this security, which they must do within 28 days of receiving a section 146 letter, before taking any further steps, the owner must submit a conditional application for the approval of the court in West Glamorgan.
This can be prevented if the rent includes a sentence which authorises the owner to enter the Swansea building to make amends of any deficiency of repair and affirm any costs incurred back from the occupant as an obligation.
Applying to the West Glamorgan county court for possession is the first step in the court proceedings for forfeiture.
You must complete the standard claim forms for this purpose and in Swansea you can now submit these forms online in some courts.
After that, the tenant in Swansea would receive the claim forms, through a solicitor within a specific time bracket.
You should always take legal advice on this since it's a complex section of law, mistakes can be costly and delay repossession efforts in Llanelli, Neath Abbey, or Swansea/Abertawe.
The tenants can be entertained with the relief from forfeiture in West Glamorgan court if certain circumstances prevail.
This is not an automatic privilege; it is a process where the court will determine the rights and if successful, the tenant may be granted to stay in the premises in Swansea under the current lease agreement.
Immediately when a section 146 notice is served to the Swansea tenant, they should apply because there are penalties when there is any delay in applying without a justified reason.
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