113 Sycamore Field
0800 246 1381
Being the owner of marketable property in Worcestershire, 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 Worcestershire premises in good form, not paying lease, being an annoyer to neighbours and or appointing or subletting the premises without your permission.
Forfeiture is the process of taking back ownership of your premises in Worcestershire when held by a tenant.
You need to add a clause in your lease agreement to let you forfeit the lease.
It's recommended that all leases of commercial property in Worcestershire include a forfeit clause because without one, your powers as the landlord are extremely limited.
This can be done in one of two cases where you have the option to forfeit in Worcestershire:
This involves the ability for you to gain access to your premises in Great Malvern, Kidderminster, or Redditch and being able to change the locks.
However, this is a dangerous option because the tenant may seek "relief from forfeiture", meaning the tenant will take back the possession and claim any loss in the illegal eviction in Worcestershire, lay a claim for compensation in court in Worcestershire.
This normally is the preferred option in Worcestershire although, as with any proceedings of the court, it can be costly to you and takes long, you should therefore consider it as the last option.
Your choice depends upon the reason for eviction.
When there is non-payment of rent in Worcestershire, you may not have to inform the tenant of forfeiture because you can simply re-enter the premises and take possession.
As a rule of thumb, the landlord must not do anything that could attract continuation of the tenancy in Worcestershire which includes reminding the tenant to pay the rent, because that may cause you to wait for the next rent payment day before you can re-enter the premises for eviction.
It is therefore advisable to place a notice regarding repossession on the tenant's front door on your premises in Kidderminster, Redditch, or Great Malvern and call in your locksmith or lawyer as witness.
In case of any other breaches, you must serve a section 146 notice before you are bound to premises repossession in Worcestershire.
This notice needs to be provided by your solicitor to everyone involved, including the landlord, the tenant, and subtenant in Worcestershire.
The notice must specify the type of lease terms that were breached in Worcestershire and how they can be remedied (if possible) within a reasonable timeframe.
If the breach is yet to be remedied or the compensation paid as expected then you are free to proceed to forfeit the lease.
Repair-related violation notices involve more regulations in Worcestershire.
There have been cases in which the landlord is required to offer the tenant in Great Malvern, Kidderminster, or Redditch the chance to claim for statutory protection.
If the occupant in Worcestershire 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 Worcestershire.
The landowner may evade this in case the tenancy contains a clause allowing them to move into the Worcestershire premises to rectify any damages and later on ask for reimbursement of the incurred expenses from the tenant in terms of a debt.
The process involving forfeiture begins with requesting for ownership from the regional court in Worcestershire.
There is a standard form for claims that will need to be completed which in Worcestershire may be submitted online in certain courts.
The tenants in Worcestershire must be served with the claim form within the given time frame.
Since this is a very complex process, seek professional advice from your solicitor to avoid making costly mistakes that can equally prolong the repossession period in Great Malvern, Redditch, or Kidderminster.
The tenant can try to get relief from forfeiture by applying to the Worcestershire court if certain 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 Worcestershire premises under the current tenancy.
The occupant in Worcestershire will submit as soon as they receive a notification of section 146 because if they are found to have excessively hesitated, they will be penalized.
Based in Worcestershire, 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.