Some commercial landlord wants to take back possession of their premises in Birmingham for one or two reasons, the most common being situations where the tenant is breaching the lease terms such as, not keeping the premises in Birmingham in good repair, not paying rent, being a nuisance to neighbours, and many more.
Regaining property possession in Birmingham when a tenant still occupies the premises is otherwise known as forfeiture.
The lease can only be forfeited if there is a specific condition mentioned in the agreement that allows you to do so.
For all commercial leases in West Midlands it is advisable to contain a clause as such as without it, your will have restricted powers as a property owner.
You can carry out the activity in Birmingham using either of the options:
You as a landlord can take back their properties in Deritend, Acocks Green, or Balsall Heath by changing the locks.
This is a risky method as the tenant could later apply for assistance in court in West Midlands in order to retain possession of the property along with claiming any compensation for the way they were terminated in Birmingham as it could have caused prospective loss.
This is the most preferred route in Birmingham, but it's costly and lengthy as with any court proceedings, so, it should only be considered as a last resort.
Usually, the often chosen will depend on the reason for forfeiting the tenant.
You are not required to give notice of your plan to forfeit in the case of non-payment of rent in Birmingham; you may easily re-enter the premises.
Reminding the tenant of any overdue rent is unnecessary as acknowledging continuance of the tenancy in Birmingham because this will lead to a waiver of your right to forfeit and will be required to wait the tenant misses the next payment of rent.
It is always advised to have a witness with you while leaving a notice of repossession at tenant's doorstep in Balsall Heath, Deritend, or Acocks Green, it can be either locksmith or your solicitor.
In case of breaking any clause from the lease agreement section, 146 will be exercised before getting back possession of the Birmingham property.
All the interested parties in West Midlands, such as any tenant, subtenant, or mortgagee, must be delivered the notice by the solicitor.
The status of the violation in Birmingham needs to be clearly stated in the notice along with any compensation payment or corrective action required within a particular time period.
You can forfeit the lease if the breach is not rectified or reimbursed.
Notices for repair condition breaches have some additional rules in Birmingham.
There are some instances where you might be compelled to offer your tenant in Balsall Heath, Acocks Green, or Deritend the chance to claim statutory protection.
In case you leaseholder in Birmingham 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 West Midlands before moving to the next step.
This can be avoided by the landlord if there is a clause in the lease pertaining to the permission to enter the premise in Birmingham in order to correct defects in repair and subsequently claim the incurred costs as debt from the occupier.
For the possession, through the court, you have to file an application in the county court in West Midlands.
It is necessary to complete standard claim forms, which in Birmingham can now be submitted online in some courts.
After that, the tenant in Birmingham would receive the claim forms, through a solicitor within a specific time bracket.
You must seek legal advice as mistakes at this stage can be costly and the possession through court is a complex procedure, your claim for possession in Balsall Heath, Deritend, or Acocks Green can be delayed by any misconduct.
The leaseholder may apply for forfeiting in court in West Midlands in case certain conditions have been met.
However, the tenant doesn't have an automatic right to get the relief and the court will decide whether they deserve the relief, but they will be able to occupy the Birmingham premises if the court grants them some relief.
The occupant in Birmingham 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 Birmingham, 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.