Some commercial landlord wants to take back possession of their premises in Blackburn 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 Blackburn in good repair, not paying rent, being a nuisance to neighbours, and many more.
The Claiming possession of premise in Blackburn, while it is still occupied by the tenant, is known as 'forfeiture'.
However, the leaseholder may just forfeit the tenancy in case there exists a particular clause within the contract that allows them to act like so.
As a Lancashire commercial property owner, it is advisable that you include the clause in your lease, without it, you are powerless.
With the forfeit right in Blackburn, you can do these things:
This involves the landlord entering the premises in York, Darwen, or Clitheroe and changing the locks.
However, it's considered risky because the tenant can take back possession with a 'relief from forfeiture' claim in Lancashire court and claims compensation for losses incurred if they were wrongfully evicted in Blackburn.
This is the most preferred route in Blackburn, but it's costly and lengthy as with any court proceedings, so, it should only be considered as a last resort.
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 Blackburn; you can simply re-enter the premises.
It is important that you do not show any form of approval of their presence on the property in Blackburn such as reminding them of overdue rent, because this may result in a termination of your forfeiture rights and you may have to delay until they miss the next lease payment.
As a precaution, always leave a notice of repossession on the premises' door in Clitheroe, York, or Darwen and be accompanied to the property by your solicitor or a locksmith as a witness.
In the event that other agreements have been violated, first of all, you may have to serve Sec. 146 notice before taking back ownership of your property in Blackburn.
Your solicitor must serve the notice to all interested parties, including the tenant, any subtenant, and any mortgagee in Lancashire.
The notice has to state the status of the breach in Blackburn and if it needs corrective action within a certain period of time or compensation payment.
If the tenant refuses to pay the compensation or remedy the breach, you can go ahead and forfeit the lease without consequences.
Notices for repair condition breaches have some additional rules in Blackburn.
These clauses give the tenant in Darwen, York, or Clitheroe a chance to come to statutory protection.
Before taking any further action, the landlord must make a preliminary claim for the Lancashire court's permission if the tenant in Blackburn claims this protection within 28 days of receiving a section 146 notice.
This can be avoided if the lease has a clause which entitles the property owner to gain access to the premise in Blackburn to correct any repair defect and claim any costs from the tenant that were incurred back as unsettled bills.
The forfeiture process starts with an application to the county court in Lancashire for possession.
You must complete the claim forms, in Blackburn you can also submit the claim forms online in some courts.
The claim forms must then be served within a strict time frame on the tenant in Blackburn, usually by your solicitor.
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 Darwen, Clitheroe, or York can be delayed by any misconduct.
If specific conditions are fulfilled, the tenant can submit an application for relief to the Lancashire court.
Although the tenant does not have an automatic discretionary remedy available to the court, but if granted they may be able to continue to occupy the Blackburn premises under the lease they already have.
Immediately when a section 146 notice is served to the Blackburn tenant, they should apply because there are penalties when there is any delay in applying without a justified reason.
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