If you own some commercial properties in Edinburgh, there are several reasons why you may consider taking your premises back, the commonest reason is a breach of the lease terms by the tenants, and lack of proper Edinburgh property maintenance, payment default, constituting nuisance to the community, and subletting the premises without your permission are some outstanding reasons why you may consider the eviction option.
Taking possession of your property in Edinburgh is considered' forfeiture' while used by a resident.
However, the leaseholder may just forfeit the tenancy in case there exists a particular clause within the contract that allows them to act like so.
The landlords powers are severely restricted if the commercial lease doesn't contain such a clause, therefore, you must mention it in all the commercial leases in City of Edinburgh.
Where you have the right to forfeit in Edinburgh, this can be done in one of two methods:
This involves the landlord entering the premises in Edinburgh, Livingston, or Blyth and changing the locks.
The tenant has the right to apply to court in City of Edinburgh 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 Edinburgh but they will also claim compensation for losses.
Under this you have to contact the court for possession and this can be costly and lengthy but it is the preferred way in Edinburgh but you should keep this as your final option.
Also, the path you chose depends on the cause of the repossession.
For rent not being paid in Edinburgh it is not a requirement to provide any notice of your intention to forfeit; you can simple re-enter the property.
You don't have to do anything to recognize the tenancy's continuance in Edinburgh, such as informing the owner of any outstanding payment, as this may equate to a denial of your ability to forfeit and you'll have to wait until the next rent is skipped.
It is advised to drop a note of reclaiming on the entrance of the house in Edinburgh, Livingston, or Blyth and have a testifier to escort you, such as your solicitor or locksmith.
It would help if you first served a section 146 notice for any other breaches before you can take possession of the property in Edinburgh.
Your solicitor is the one who must serve this notice to all parties; the tenant, mortgagee, subtenants in City of Edinburgh.
The nature of the breach in Edinburgh must be specified and whether it requires remedial action or payment of compensation.
You can proceed to forfeit the lease if the breach has not be remedied or compensation not paid.
Other rules in Edinburgh also govern notices connected to violation of repair.
For instance, some cases require that the tenant in Blyth, Edinburgh, or Livingston is allowed to claim statutory protection.
If the Edinburgh 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 City of Edinburgh court's authorisation before taking any other action.
However, this can be avoided if the lease agreement has the clause referring to the possession or re-entering the space in Edinburgh and any cost of repair or claim will be added to the tenant account.
Forfeiture only starts in the county court in City of Edinburgh where the application is made.
The landlord must complete standard claim forms where in some courts, in Edinburgh the forms of submission can be done online.
The claim forms must then be served to the Edinburgh tenant through your solicitor, within a strict time-frame.
It is necessary to consult legal experts because this is an intricate aspect of law and making errors may slow down your possession in Edinburgh, Blyth, or Livingston and even cause irreparable damage.
The tenant can try to get relief from forfeiture by applying to the City of Edinburgh court if certain conditions are met.
This is not automatic however, this is a court prevention measure, but if granted they may be in a position to continue to stay in the premise in Edinburgh under their existing lease.
The tenant in Edinburgh should apply immediately they receive a section 146 notice since they will be penalized if found to have delayed intentionally.
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