The landlords of commercial properties in Gateshead 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 Gateshead premises in good repair, not paying rent or subletting the premises without the landlord's consent.
Repossessing your property in Gateshead that is occupied by a tenant is known as 'forfeiture'.
Nevertheless, you can only lose the rent if there is a sentence in the rent allowing you to do so.
If no clause enables you to do so, your rights as a landlord are restricted severely, so it is advised that such clauses are included for all commercial leases in Tyne and Wear.
Your right to forfeit in Gateshead can be exercised in following ways:
This involves the landlord entering the property in Carr Hill, Bar Moor, or Allerdene and physically changing the locks.
However, this may be a risky procedure as the tenant can claim in the court in Tyne and Wear for the wrongful eviction under a 'relief from forfeiture' and if this is successful, the tenant gets possession back and can put in a settlement for losses due to unfair eviction from the premises in Gateshead.
This is often the most preferred option in Gateshead, but, as like with most court processes, it may turn out to be costly and take up a lot of time.
The reasons for getting back possession may influence the route you take.
If the reason is that the tenant is not paying the rent in Gateshead, you can choose to re-enter the premises option without giving notice of the plan.
As a rule of thumb, the landlord must not do anything that could attract continuation of the tenancy in Gateshead which includes reminding the tenant to pay the rent, because that may cause you to wait for the next rent payment day before you can re-enter the premises for eviction.
It is advised to drop a note of reclaiming on the entrance of the house in Allerdene, Bar Moor, or Carr Hill 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 Gateshead.
Your solicitor must serve the notice to everyone involved including the landlord, subtenant and the tenant in Tyne and Wear.
The notice must specify the type of lease terms that were breached in Gateshead 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.
There are more rules in Gateshead associated with the breach of repair.
In some instances, tenants in Carr Hill, Allerdene, or Bar Moor must be given statutory rights to claim.
If your Gateshead tenant demands this statutory protection, which has to be done in 28 days after getting a section 146 notice, the landlord will have to seek a preliminary claim for permission from Tyne and Wear court prior to taking any further actions.
The landlord can avoid this if the lease has a clause that permits them to enter the property in Gateshead to correct any repair defect and then claim the costs incurred from the occupier as debt.
This process begins with the landlord making an application for possession of the property within the county court in Tyne and Wear.
There are standard claim forms that must be filled, which in Gateshead can now be submitted online in some courts.
The forms will then be served to the tenant in Gateshead preferably by your solicitor within a strict time-frame.
You should always take legal advice on this since it's a complex section of law, mistakes can be costly and delay repossession efforts in Carr Hill, Bar Moor, or Allerdene.
If certain conditions are met, your tenant may apply to court in Tyne and Wear for relief from forfeiture.
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 Gateshead under the current lease agreement.
The Gateshead tenant shouldn't delay the relief from forfeiture application and they should submit it as soon as they are served the Section 146 notice as unnecessary delay may attract some penalty.
Based in Gateshead, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.