Being the owner of marketable property in Bristol, 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 Bristol premises in good form, not paying lease, being an annoyer to neighbours and or appointing or subletting the premises without your permission.
The professional name for retaining your property in Bristol from the occupation of a tenant is called 'forfeiture'.
But this can only be done if there is a specific clause within the tenant lease that allows the property owner to do this.
If no clause enables you to do so, your rights as a landlord are restricted severely, so it is advised that such clauses are included for all commercial leases in Bristol.
Where you have the right to forfeit in Bristol, this can be done in one of two methods:
This involves the landlord entering the property in Canon's Marsh, Barton Hill, or Arno's Vale and physically changing the locks.
This is a risky option and your tenant may feel unfairly treated and apply for relief from forfeiture from the Bristol court, which means the tenant repossess your property in Bristol aside from claiming compensation for whatever losses they incurred during the wrongful and forceful eviction.
This is the most preferred route in Bristol, 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.
Landlords are not obligated to inform the tenant of a forfeiture with respect to failure to pay rent in Bristol, they can simply gain entrance into the property.
As a rule of thumb, the landlord must not do anything that could attract continuation of the tenancy in Bristol which includes reminding the tenant to pay the rent, because that may cause you to wait for the next rent payment day before you can re-enter the premises for eviction.
You can simply leave a notice of repossession on the door of the property in Arno's Vale, Canon's Marsh, or Barton Hill and don't forget to bring a witness with you, a solicitor or a locksmith.
Any other types of breaches to the lease will require a serving of a section 146 notice before any action can be taken to retake the property in Bristol.
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 Bristol.
The nature of the breach in Bristol must be mentioned in the notice and whether payment is required for damages.
In case the breach hasn't been corrected or compensated as expected, you can move on to forfeit the lease.
There are other extra rules in Bristol related to repair violations.
There have been cases in which the landlord is required to offer the tenant in Canon's Marsh, Barton Hill, or Arno's Vale the chance to claim for statutory protection.
In case the statutory protection is claimed, the tenant in Bristol must do this within 28 days of section 146 notice, the landlord has to take the Bristol court's permission with a preliminary claim.
The landowner may evade this in case the tenancy contains a clause allowing them to move into the Bristol premises to rectify any damages and later on ask for reimbursement of the incurred expenses from the tenant in terms of a debt.
If you want to carry out forfeiture, you must make an application for possession in the Bristol county court to start the court procedure.
There are standard claim procedures that must be finalized, which in Bristol can now be delivered online in some courts.
Thereafter, the forms should be delivered to the Bristol leaseholder by the lawyer within a given time-frame.
It is advised to ask for legal advice during this process because it is complicated, and any slip-ups can cause a costly delay in the proceedings in Canon's Marsh, Barton Hill, or Arno's Vale.
In some specific conditions, your tenant can apply for relief from forfeiture in the court in Bristol.
However, the tenant isn't entitled to this automatically, it is a process available from the court, but if the tenant can gain this then they will probably be allowed to continue to live in the Bristol property under their previous lease.
After receiving a section 146 notice an application must be filed by the Bristol tenant as soon as possible otherwise they will be convicted to a penalty for unnecessary delay.
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