If you are the landlord of a commercial property in Bournemouth, there are countless reasons why you would want to regain the possession of your property, the most common reason is when a tenant violates their rental agreement, such as inadequate maintenance of the Bournemouth property, constituting a nuisance to other properties around, subleasing the property without your permission, or even owing rents.
Regaining property possession in Bournemouth when a tenant still occupies the premises is otherwise known as forfeiture.
And, if there is a specific clause in the contract that requires you to do so, you can only void the lease.
All commercial leases in Dorset are advised to be such as the authority of the property owner would be highly restricted without it.
When you have legitimate reasons to forfeit in Bournemouth, you can do this in two different ways:
Under this arrangement, you change the locks on the premises in Christchurch, Bournemouth, or Newport.
This method poses more risk because the tenant may apply for relief from forfeiture in court in Dorset to regain possession as well as claiming compensation for any loss incurred due to wrongful removal in Bournemouth.
This is generally the preferred route in Bournemouth, although it can be costly and time-consuming, as with any court proceedings, and it should only be considered a last resort.
The path you choose constantly relies on the purpose of the reclaiming.
When there is non-payment of rent in Bournemouth, you may not have to inform the tenant of forfeiture because you can simply re-enter the premises and take possession.
You must not do anything that can cause the tenancy agreement to continue in Bournemouth which means your chances of forfeiture are reduced or completely vanished like you must not remind your tenant about any pending rent or wait for next payment to be missed.
You must leave a repossession notice on the premise door in Newport, Christchurch, or Bournemouth which should be done while in the company of either a locksmith or your solicitor who acts as the witness.
You must first deliver a warning under section 146 before you can take possession of the property in Bournemouth for any other violations.
Your solicitor is the one mandated to serve the notice on all parties that are interested, including any subtenant, any mortgagee, and the tenant in Dorset.
The nature of the breach in Bournemouth must be mentioned in the notice and whether payment is required for damages.
If there is neither remedial action nor compensation payment as needed then steps for lease forfeiture are acceptable.
Other rules in Bournemouth also govern notices connected to violation of repair.
In certain instances, you may be forced to give your occupants in Newport, Bournemouth, or Christchurch the opportunity to file for statutory security.
If your Bournemouth tenant demands this statutory protection, which has to be done in 28 days after getting a section 146 notice, the landlord will have to seek a preliminary claim for permission from Dorset court prior to taking any further actions.
However, if the landlord enshrined a clause in the lease that entitles the landlord to rectify any defect of repair and claim the cost from the tenant by going into the Bournemouth premises, the claim can be avoided.
This procedure involves making an application for possession in the county court in Dorset.
The landlord has to fill the standard claim forms which in Bournemouth can either be done online in some courts.
The claim forms are then served to the tenant in Bournemouth by your solicitor within a strict time - frame.
You should always take legal advice on this since it's a complex section of law, mistakes can be costly and delay repossession efforts in Christchurch, Newport, or Bournemouth.
The tenant can apply to the Dorset 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 Bournemouth premises under the same existing lease.
The tenant in Bournemouth is advised to apply for this straight away after receiving the section 146 notice as they can be penalised for any unnecessarily delayed time.
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