There could be a multitude reasons why commercial property owners in Cardiff could want to regain building possession, one of the most common reasons is broken lease terms by the tenant, for example, disrupting the neighbours, damaging the Cardiff property, failure to pay rent or leasing the property further without the tenants' knowledge.
Forfeiture refers to regaining possession of your property in Cardiff as a landlord when a tenant has occupied it.
However, forfeiture is only possible if there is a specific clause in the lease, enabling you to do so.
As a South Glamorgan commercial property owner, it is advisable that you include the clause in your lease, without it, you are powerless.
You can exercise your right to forfeit a property in Cardiff in two ways:
This entails you successfully enter the property in Cardiff/Caerdydd, Chatham, or Merthyr Tydfil and switch the locks.
The tenant has the right to apply to court in South Glamorgan for relief from forfeiture, so, it can be a little bit risky for you as the tenant will not only take back the possession of the property in Cardiff but they will also claim compensation for losses.
This is the most favourable way in Cardiff, even though the proceedings take undue time and are costly, but this route is advised as the last resort.
Routes greatly rely on repossession reasons.
For rent not being paid in Cardiff it is not a requirement to provide any notice of your intention to forfeit; you can simple re-enter the property.
You must not acknowledge the continuance of the tenancy in Cardiff by discussing overdue rent, as this can result in withdrawing your forfeiture rights and you have to hold off until the next rent payment is missed.
However, it's advisable to leave a notice of repossession on the door in Cardiff/Caerdydd, Chatham, or Merthyr Tydfil and have a witness such as your solicitor accompany you.
If you're dealing with other breaches, you cannot take possession of the property in Cardiff unless you send the section 146 notice.
Your solicitor must serve the notice to everyone involved including the landlord, subtenant and the tenant in South Glamorgan.
The notice must specify the type of lease terms that were breached in Cardiff and how they can be remedied (if possible) within a reasonable timeframe.
You can proceed to forfeit the lease if the breach has not been remedied or the settlement has not been paid.
The notices in Cardiff relating to breaches of repair come with additional rules.
There are some instances where you might be compelled to offer your tenant in Chatham, Cardiff/Caerdydd, or Merthyr Tydfil the chance to claim statutory protection.
If the Cardiff occupant professes this security, which they must do within 28 days of obtaining a section 146 notification, the landowner must make a preliminary statement for the South Glamorgan court's authorisation before taking any other action.
This can be avoided if the lease contains a clause allowing the landlord to enter the premises in Cardiff in order to remedy any repair defect and claim any costs incurred as a debt by the tenant.
The process of Forfeiture begins with a possession application submitted to the county court in South Glamorgan.
You will have to complete a standard claim form that in Cardiff can also be submitted via the internet in some courts.
The claim forms must then be served within a strict time frame on the tenant in Cardiff, 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 Chatham, Merthyr Tydfil, or Cardiff/Caerdydd can be delayed by any misconduct.
The leaseholder may apply for forfeiting in court in South Glamorgan in case certain conditions have been 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 Cardiff premises under the same existing lease.
The tenant in Cardiff will have to make the application as soon as the Section 146 Notice was received as delaying without a justified reason can result in penalties.
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