Being the owner of marketable property in Berkshire, 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 Berkshire premises in good form, not paying lease, being an annoyer to neighbours and or appointing or subletting the premises without your permission.
Forfeiture is when the ownership of your property in Berkshire is regained by you as landlord after being occupied by a tenant.
However, you can only forfeit the lease if there is a specific clause permitting you to do 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 Berkshire.
You can carry out the activity in Berkshire using either of the options:
This involves the landlord entering the premises in Newbury, Thatcham, or Hungerford and changing the locks.
However, this is a risky move, as the tenant may apply to the Berkshire court for a 'relief from forfeiture' and if this has been found to be true, then the tenant will regain possession of the property in Berkshire and receive compensation for a problem that occurred during the process.
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 Berkshire.
Your choice depends upon the reason for eviction.
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 Berkshire; you can simply re-enter the premises.
It is not mandatory to agree on the continuity of the tenancy in Berkshire such as prompt the tenant of any rent that is unpaid, as this may lead to a waiver of your right to forfeit and you will have to wait until the following rent settlement is unpaid.
The repossession notice should be posted on the main entrance door of the rented property in Newbury, Hungerford, or Thatcham and for this a witness should be brought along like 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 Berkshire.
All parties, such as any mortgagee, subtenant and tenant in Berkshire should be served the notice by your solicitor.
The reason for the serving must be included as well as if any remedial action within a given time of compensation of payment is needed in Berkshire.
If these demands are not met, then the property you can continue to forfeit the lease.
When it comes to breach of repair in Berkshire, some rules apply before serving the notice.
In some instances you may obliged to offer the tenant in Hungerford, Thatcham, or Newbury the chance to claim statutory protection.
In case this statutory protection is demanded by the Berkshire tenant (which needs to be fulfilled within 28 days following a section 146 notice), preliminary claim must be made to take permission from the court in Berkshire before taking any more actions.
The landlord can avoid this if the lease has a clause that permits them to enter the property in Berkshire to correct any repair defect and then claim the costs incurred from the occupier as debt.
Applying to the Berkshire county court for possession is the first step in the court proceedings for forfeiture.
You will have to complete a standard claim form that in Berkshire can also be submitted via the internet in some courts.
The claim forms must then be sent to the Berkshire occupant, mostly by your lawyer, within a severe timeframe.
You should constantly receive legal advice on this as it is a complicated area of law, and errors can be expensive and slow down your reclaiming in Newbury, Thatcham, or Hungerford.
The tenant can try to get relief from forfeiture by applying to the Berkshire court if certain conditions are met.
This is a discretionary relief, not an automatic right, and if granted, your tenant can continue to live in the premises in Berkshire under their existing lease.
However, the tenant in Berkshire is required to make an application immediately they receive a section 146 notice to avoid been penalized for unnecessary delay.
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