The landlords of commercial properties in Cheltenham can take back the possession of their premises for many reasons, usually, they end the tenancy when the tenant is in breach of their lease terms; such as being nuisance to neighbours, not keeping the Cheltenham premises in good repair, not paying rent or subletting the premises without the landlord's consent.
Taking back possession of your property in Cheltenham whilst a tenant is occupying it is under a term known as "forfeiture."
However, you cannot forfeit the lease if the lease doesn't contain a specific clause that enables the landlord to do so.
It's recommended that every commercial lease to have such a lease because without it the powers of property owners in Gloucestershire will be restricted severely.
If you have the right to forfeit in Cheltenham it can be implemented in either of the following:
This entails you successfully enter the property in Cheltenham, Bishop's Cleeve, or Shurdington and switch the locks.
It is risky as you may be convicted to the penalty if your tenant applies to the court in Gloucestershire for the relief and compensation and he can also take the possession back as a result of unlawful eviction in Cheltenham.
This is often the most preferred option in Cheltenham, but, as like with most court processes, it may turn out to be costly and take up a lot of time.
The reasons filed for the repossession can also determine the direction of the eviction procedures.
If the tenant has failed to pay rent in Cheltenham, then the landlord is not legally obliged to provide notice of the intention to forfeit the property; you can easily re-enter the property.
Reminding the tenant of any overdue rent is unnecessary as acknowledging continuance of the tenancy in Cheltenham because this will lead to a waiver of your right to forfeit and will be required to wait the tenant misses the next payment of rent.
It's also recommended to leave a letter of repossession of the property on the door in Shurdington, Bishop's Cleeve, or Cheltenham and to be accompanied with a witness such as a locksmith or solicitor.
Notice 146 must be served before repossession of premises in Cheltenham if there are any other violations by the tenant.
Your solicitor is the one who must serve this notice to all parties; the tenant, mortgagee, subtenants in Gloucestershire.
The nature of the breach in Cheltenham must be specified and whether it requires remedial action or payment of compensation.
If the breach is yet to be remedied or the compensation paid as expected then you are free to proceed to forfeit the lease.
There are further laws that pertain to notification relating to violations of repair in Cheltenham.
The landlord will be required to offer the opportunity to the tenant in Cheltenham, Shurdington, or Bishop's Cleeve where they may claim statutory protection.
This protection needs to be sought by the Cheltenham tenant within the stipulated 28 days of receiving the Section 146 notice, it is mandatory that the landlord make a preliminary claim for permission from the court in Gloucestershire before making any further moves.
This can be avoided if the lease has a clause which entitles the property owner to gain access to the premise in Cheltenham to correct any repair defect and claim any costs from the tenant that were incurred back as unsettled bills.
For the possession, through the court, you have to file an application in the county court in Gloucestershire.
He would then fill and submit the necessary forms in Cheltenham, potentially online depending on the court location.
The claim forms must then be served within a strict time frame on the tenant in Cheltenham, usually by your solicitor.
This being an area of law that is complex, any delay mistake may be costly and repossession in Bishop's Cleeve, Shurdington, or Cheltenham delayed, so it is advised to always seek legal advice.
If certain conditions are met, your tenant may apply to court in Gloucestershire for relief from forfeiture.
This is a discretionary relief, not an automatic right, and if granted, your tenant can continue to live in the premises in Cheltenham under their existing lease.
A leaseholder in Cheltenham 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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