When it is a commercial premise in Hemel Hempstead, there are a lot of reasons why the landowner would want to evict the tenant, however, the landowner can still take possession and evict the tenant from a commercial land, the reason for eviction can be the breaking of rules from the lease agreement, not paying the rent on time, not maintaining the Hemel Hempstead property, or subletting the property without your knowledge.
Claiming ownership of your Hemel Hempstead property when inhabited by an occupant is called 'forfeiture'.
However, you cannot forfeit the lease if the lease doesn't contain a specific clause that enables the landlord 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 Hertfordshire.
This can be done in one of two cases where you have the option to forfeit in Hemel Hempstead:
You can enter the premises in Amersham, Hemel Hempstead, or Berkhamsted and change the locks where the tenant is staying.
It is risky as you may be convicted to the penalty if your tenant applies to the court in Hertfordshire for the relief and compensation and he can also take the possession back as a result of unlawful eviction in Hemel Hempstead.
This is normally considered the best way in Hemel Hempstead although it may be costly and time consuming with court proceedings but it's advisable to use this route only as the last option.
Grounds for regaining ownership could determine the path you decide to take.
You are not required to give notice of your plan to forfeit in the case of non-payment of rent in Hemel Hempstead; you may easily re-enter the premises.
You need not do anything that may show tenancy continuance in Hemel Hempstead, for instance, repeating to your occupiers that their time to pay rent is over as it could lead to a waiver to the forfeiture right and be compelled to sit back and wait until rent is never paid again.
It is advised to put a repossession notice on the door in Amersham, Hemel Hempstead, or Berkhamsted whilst a locksmith or your solicitor is there as a witness.
If there are other breaches aside from the ones listed above, serve a Section 146 notice first before repossessing the Hemel Hempstead property.
Your solicitor must serve the notice to everyone involved including the landlord, subtenant and the tenant in Hertfordshire.
It must include the type of violation and whether it can be corrected within a specific period in Hemel Hempstead, or if a settlement must be made.
The landlord can only proceed with the forfeiture of the lease if the breach wasn't remedied at the given time.
When it comes to breach of repair in Hemel Hempstead, some rules apply before serving the notice.
You may be required to offer the tenant in Hemel Hempstead, Amersham, or Berkhamsted the chance to claim statutory protection in some cases.
In case you leaseholder in Hemel Hempstead applies for the statutory protection, (to be completed within 28 days upon receiving a Sec. 146 order notice), may opt for a preliminary permission claim in court in Hertfordshire before moving to the next step.
If there is a clause in the lease agreement, the landlord can avoid this when it is relevant to taking back possession of the Hemel Hempstead property and recovering costs for damages and costs incurred from non-payments.
The forfeiture process starts with an application to the county court in Hertfordshire for possession.
The landlord must complete standard claim forms, which in Hemel Hempstead can now be submitted online.
Then, the claim forms will have to be sent to the Hemel Hempstead tenant normally by the solicitor within a certain time frame.
As it is a law area that is complicated, you should always take legal advice on this, and errors can slow down your repossession in Hemel Hempstead, Amersham, or Berkhamsted and be costly.
Under some conditions, your tenant has the right to apply for relief from forfeiture from the court in Hertfordshire.
However, the tenant does not have an automatic right; this is a discretionary remedy available to the court, but they may still be able to occupy the premises in Hemel Hempstead under their existing lease if granted.
The tenant in Hemel Hempstead 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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