The landlords of commercial properties in Bath can take back the possession of their premises for many reasons, usually, they end the tenancy when the tenant is in breach of their lease terms; such as being nuisance to neighbours, not keeping the Bath premises in good repair, not paying rent or subletting the premises without the landlord's consent.
Claiming ownership of your Bath property when inhabited by an occupant is called '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.
All commercial leases in Somerset are advised to be such as the authority of the property owner would be highly restricted without it.
With the forfeit right in Bath, you can do these things:
You as a landlord can take back their properties in Burton, Abbas Combe, or Bath by changing the locks.
The tenant has the right to apply to court in Somerset for relief from forfeiture, so, it can be a little bit risky for you as the tenant will not only take back the possession of the property in Bath but they will also claim compensation for losses.
This is the most preferred route in Bath, but it's costly and lengthy as with any court proceedings, so, it should only be considered as a last resort.
The reasons for getting back possession may influence the route you take.
You don't need to provide a notice of your intention to forfeit if you are dealing with tenants who haven't paid rent in Bath; you can simply re-enter the premises.
You must not acknowledge the continuance of the tenancy in Bath by discussing overdue rent, as this can result in withdrawing your forfeiture rights and you have to hold off until the next rent payment is missed.
It's also recommended to leave a letter of repossession of the property on the door in Burton, Bath, or Abbas Combe and to be accompanied with a witness such as a locksmith or solicitor.
A section 146 notice needs to be given if any other terms have been broken before taking back the property possession in Bath.
Your solicitor should serve mortgagee, the tenant, and other subtenants, if possible in Somerset.
It must define the extent of the violation in Bath and whether, within a reasonable time, this needs remedial action or monetary pay-out.
If there is neither remedial action nor compensation payment as needed then steps for lease forfeiture are acceptable.
Notices for repair condition breaches have some additional rules in Bath.
There have been cases in which the landlord is required to offer the tenant in Burton, Bath, or Abbas Combe the chance to claim for statutory protection.
In case you leaseholder in Bath applies for the statutory protection, (to be completed within 28 days upon receiving a Sec. 146 order notice), may opt for a preliminary permission claim in court in Somerset before moving to the next step.
These circumstances can be avoided if there is a relevant clause in the lease which enables the owner of the premises in Bath to repossess and claim any costs of damages and costs incurred from debt.
Applying to the Somerset county court for possession is the first step in the court proceedings for forfeiture.
The landlord has to fill the standard claim forms which in Bath can either be done online in some courts.
The claim forms must then be sent to the Bath occupant, mostly by your lawyer, within a severe timeframe.
It is advised to ask for legal advice during this process because it is complicated, and any slip-ups can cause a costly delay in the proceedings in Burton, Bath, or Abbas Combe.
Under some conditions, your tenant has the right to apply for relief from forfeiture from the court in Somerset.
The occupant doesn't possess an automated right yet; this is an optional solution accessible to the court, but if approved, they may be able to proceed to inhabit the building in Bath under their occurring rent.
However, the tenant in Bath is required to make an application immediately they receive a section 146 notice to avoid been penalized for unnecessary delay.
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