Being a commercial landlord there can exist several reasons to have the possession of the Cambridgeshire property back and violation of agreement terms by the tenant is common like damaging the property in Cambridgeshire, having pending rents, creating problems for the neighbours assigning the premises to someone else without your approval/consent etc.
Forfeiture refers to regaining possession of your property in Cambridgeshire as a landlord when a tenant has occupied it.
You should have a specific clause that allows the landlord to take back their properties from tenants.
All commercial rents in Cambridgeshire should include such a sentence as without it your authority as the owner is hardly restrained.
Your right to forfeit in Cambridgeshire can be exercised in following ways:
This involves the ability for you to gain access to your premises in Huntingdon, Wisbech, or Cambridge and being able to change the locks.
However, this is a dangerous option because the tenant may seek "relief from forfeiture", meaning the tenant will take back the possession and claim any loss in the illegal eviction in Cambridgeshire, lay a claim for compensation in court in Cambridgeshire.
This is mostly the preferred path in Cambridgeshire though, as with any judiciary proceedings, it can be expensive and long so should only be evaluated as a final resort.
Routes greatly rely on repossession reasons.
If the tenant has failed to pay the rent in Cambridgeshire, giving notice with the intention of forfeiture is not necessary instead you just re-enter the premise.
You don't need to acknowledge the continuance of the tenancy in Cambridgeshire, such as reminds the tenant of any overdue rent as this can mean your forfeit your rights and must wait until the next missed payment to take action.
It is advised that you post a repossession note at the property door in Cambridge, Wisbech, or Huntingdon and have a friend to assist you, such as a locksmith or an attorney.
If there are other breaches aside from the ones listed above, serve a Section 146 notice first before repossessing the Cambridgeshire property.
Your solicitor must serve the notice on all stakeholders, including the tenant, any mortgagee and any subtenant in Cambridgeshire.
Nature of violation in Cambridgeshire must be mentioned on notice with its solution which can either be remedial action or in form of compensation amount within a specific deadline.
After the deadline is expired and no action is taken by the tenant then you can forfeit the agreement.
Notices that are related to breach of repair have more rules in Cambridgeshire.
It is observed in some cases that tenants in Wisbech, Huntingdon, or Cambridge have the right to be given statutory protection.
In case you leaseholder in Cambridgeshire 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 Cambridgeshire before moving to the next step.
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 Cambridgeshire premises, the claim can be avoided.
Applying to the Cambridgeshire county court for possession is the first step in the court proceedings for forfeiture.
You must complete some standard claim forms and in Cambridgeshire you can submit them online.
The Cambridgeshire tenant must be served the claim forms by your solicitor within a stipulated timeframe.
This is a complex area of law, and any mistakes can delay your repossession in Cambridge, Wisbech, or Huntingdon and be costly, so you need to take legal advice.
The tenants can apply to the Cambridgeshire court for relief from the forfeiture if some of the certain conditions are settled and maintained.
This is not an automatic privilege; it is a process where the court will determine the rights and if successful, the tenant may be granted to stay in the premises in Cambridgeshire under the current lease agreement.
A leaseholder in Cambridgeshire that has been served with Sec, 146 order notice should apply immediately as they risk being penalised if it is found out they deliberately delayed.
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