If you are the landlord of a commercial property in Farnborough, there are countless reasons why you would want to regain the possession of your property, the most common reason is when a tenant violates their rental agreement, such as inadequate maintenance of the Farnborough property, constituting a nuisance to other properties around, subleasing the property without your permission, or even owing rents.
You can take back the possession of the property in Farnborough from the tenant while it is occupied, this kind of Clause is called forfeiture.
However, you can only forfeit the lease if there is a specific clause permitting you to do so.
Inclusion of such class in the agreement is strongly recommended to include these clauses in all Hampshire commercial leases as lack of such a clause can restrict your powers.
Where you possess the privilege to forfeit in Farnborough, this can be handled in one of two ways:
This entails you successfully enter the property in Camberley, Frimley, or Yateley and switch the locks.
This is a risky option and your tenant may feel unfairly treated and apply for relief from forfeiture from the Hampshire court, which means the tenant repossess your property in Farnborough aside from claiming compensation for whatever losses they incurred during the wrongful and forceful eviction.
It is advisable to go about the commercial eviction processes by applying to the court, though it may take time and may cost money, it is the preferred method in Farnborough.
The reasons filed for the repossession can also determine the direction of the eviction procedures.
You are not required to give notice of your plan to forfeit in the case of non-payment of rent in Farnborough; you may easily re-enter the premises.
You'd be causing damage to your right to forfeit if you considered sending a reminder to the tenant of any overdue rent in Farnborough, after that you won't be able to forfeit unless the next rent payment is missed.
It is recommended that you drop a notice of repossession at the front door of the property in Camberley, Yateley, or Frimley in the presence of a witness such as a locksmith, or even your solicitor is recommended.
If there is a violation of any other condition, you are required to give your tenants a section 146 notice before you can regain possession of your property in Farnborough.
Your solicitor should serve mortgagee, the tenant, and other subtenants, if possible in Hampshire.
The nature of the breach in Farnborough 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 other stipulations that govern notices for repair violations in Farnborough.
In certain situations, you may be required to provide the tenant in Camberley, Yateley, or Frimley the chance to claim statutory protection.
If the Farnborough tenant decides to do this, which must be done within 28 days of receiving the 146 notice, then the landlord must make a preliminary claim to the court in Hampshire before any other actions can progress.
This claim can be avoided if there is a clause in the lease, which allows the landlord to claim back any costs or repair damage incurred from the tenant by entering the property in Farnborough.
The landlord can apply to the court by making an application of possession in the county court in Hampshire.
You will have to complete a standard claim form that in Farnborough can also be submitted via the internet in some courts.
The Farnborough tenant must be served the claim forms by your solicitor within a stipulated timeframe.
It is recommended that you always seek legal advice on this matter since it is complicated and any mistake can delay repossession in Frimley, Camberley, or Yateley and cost you lots of money.
The tenants can apply to the Hampshire court for relief from the forfeiture if some of the certain conditions are settled and maintained.
But, this doesn't imply that the leaseholder can enjoy the right automatically as it is an open cure found in court and if the leaseholder is handed the right, it implies that they may continue staying on the Farnborough premises under the current tenancy.
The tenant in Farnborough is advised to apply for this straight away after receiving the section 146 notice as they can be penalised for any unnecessarily delayed time.
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