If you own some commercial properties in Blackpool, there are several reasons why you may consider taking your premises back, the commonest reason is a breach of the lease terms by the tenants, and lack of proper Blackpool property maintenance, payment default, constituting nuisance to the community, and subletting the premises without your permission are some outstanding reasons why you may consider the eviction option.
Forfeiture refers to regaining possession of your property in Blackpool as a landlord when a tenant has occupied it.
However, you cannot forfeit the lease if the lease doesn't contain a specific clause that enables the landlord to do so.
For all commercial leases in Lancashire it is advisable to contain a clause as such as without it, your will have restricted powers as a property owner.
The right to forfeit in Blackpool can be implemented by the landlords in the following ways:
This involves the ability for you to gain access to your premises in Fleetwood, Lytham St Anne's, or Blackpool and being able to change the locks.
However, this may be a risky procedure as the tenant can claim in the court in Lancashire for the wrongful eviction under a 'relief from forfeiture' and if this is successful, the tenant gets possession back and can put in a settlement for losses due to unfair eviction from the premises in Blackpool.
This is the commonly preferred method in Blackpool, the downside is that, like any court case, it may be expensive and time consuming so it should only be used after all else has failed.
Routes greatly rely on repossession reasons.
Landlords are not obligated to inform the tenant of a forfeiture with respect to failure to pay rent in Blackpool, they can simply gain entrance into the property.
It is best not to let the tenant know regarding duration of tenancy in Blackpool, like reminding them of overdue rent, because resultantly your right to forfeit would be waivered and you won't be able to do anything until the next overdue rent payment.
It is advised to put a repossession notice on the door in Lytham St Anne's, Blackpool, or Fleetwood whilst a locksmith or your solicitor is there as a witness.
It would help if you first served a section 146 notice for any other breaches before you can take possession of the property in Blackpool.
Your solicitor must serve the notice on all stakeholders, including the tenant, any mortgagee and any subtenant in Lancashire.
This notice will specify the remedial majors in Blackpool or the compensation that needs to be done for breaking any clause.
You can proceed to forfeit the lease if the breach has not be remedied or compensation not paid.
Additional rulings in Blackpool are applied to notices that involve breaches in the failing to maintain property conditions.
There have been cases in which the landlord is required to offer the tenant in Fleetwood, Lytham St Anne's, or Blackpool the chance to claim for statutory protection.
Before taking any further action, the landlord must make a preliminary claim for the Lancashire court's permission if the tenant in Blackpool claims this protection within 28 days of receiving a section 146 notice.
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 Blackpool property, then it is not legally applicable.
The process involving forfeiture begins with requesting for ownership from the regional court in Lancashire.
There are standard claim procedures that must be finalized, which in Blackpool can now be delivered online in some courts.
Your solicitor will then serve the claim forms within a stipulated period to the tenant in Blackpool.
It is necessary to consult legal experts because this is an intricate aspect of law and making errors may slow down your possession in Blackpool, Fleetwood, or Lytham St Anne's and even cause irreparable damage.
The tenant can apply to the Lancashire court for relief from the forfeiture proceedings if specific requirements are met.
This is the only remedy available from the court to the tenant although, it is not an automatic right of the tenant, in case they are granted this right they can be able to continue the occupation of the Blackpool premises under the same existing lease.
A tenant in Blackpool who has received a section 146 notice must make an application as soon as they can since they'll be fined if discovered to have delayed intentionally.
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