Being a commercial landlord there can exist several reasons to have the possession of the Aylesbury property back and violation of agreement terms by the tenant is common like damaging the property in Aylesbury, having pending rents, creating problems for the neighbours assigning the premises to someone else without your approval/consent etc.
Taking possession of your property in Aylesbury is considered' forfeiture' while used by a resident.
And, if there is a specific clause in the contract that requires you to do so, you can only void the lease.
All commercial rents in Buckinghamshire should include such a sentence as without it your authority as the owner is hardly restrained.
You can exercise Forfeiture in Aylesbury in two different ways if you have the right to do so:
You as a landlord can take back their properties in Aston Clinton, Aylesbury, or Wendover by changing the locks.
It is assumed to be also unsafe as your tenant could apply to court in Buckinghamshire for 'relief from forfeiture', where the occupant snatch back occupancy and requests reimbursement for penalties incurred as an outcome of illicit expulsion in Aylesbury.
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 Aylesbury.
How you proceed depends on the reason for repossession.
If the tenant has failed to pay the rent in Aylesbury, giving notice with the intention of forfeiture is not necessary instead you just re-enter the premise.
You must not do anything that can cause the tenancy agreement to continue in Aylesbury 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.
You are advised to leave a repossession notice on the door step of the premises in Aston Clinton, Wendover, or Aylesbury while in the company of a witness, such as a locksmith or your solicitor.
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 Aylesbury.
Your solicitor should serve mortgagee, the tenant, and other subtenants, if possible in Buckinghamshire.
The specific nature of the breach in Aylesbury must be specified in the notice and it should also indicate whether payment of compensation is necessary.
In case the breach hasn't been corrected or compensated as expected, you can move on to forfeit the lease.
There are more rules in Aylesbury associated with the breach of repair.
For instance, some cases require that the tenant in Aston Clinton, Aylesbury, or Wendover is allowed to claim statutory protection.
If the occupant in Aylesbury 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 Buckinghamshire.
In some cases where the lease has a clause that allows the landlord to rectify any defect and costs to be incurred by the tenant by entering the Aylesbury property, then it is not legally applicable.
The court forfeiture procedure begins by applying for possession in the county court in Buckinghamshire.
You must complete some standard claim forms and in Aylesbury you can submit them online.
The Aylesbury tenant must be served the claim forms by your solicitor within a stipulated 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 Aylesbury, Aston Clinton, or Wendover and even cause irreparable damage.
The tenants can be entertained with the relief from forfeiture in Buckinghamshire 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 Aylesbury property under the existing lease.
The tenant in Aylesbury will have to make the application as soon as the Section 146 Notice was received as delaying without a justified reason can result in penalties.
Based in Aylesbury, 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.