Various reasons could lead commercial property owners in Herefordshire to want get back their premises, commonly, this occurs when the leaseholder violates the rules of the agreement e.g., a nuisance to other occupiers, causing damage to the premises in Herefordshire, allowing someone else to use the facility without consent from the owner of failing to pay rent.
Forfeiture refers to regaining possession of your property in Herefordshire as a landlord when a tenant has occupied it.
Nevertheless, the tenant can only forfeit the lease if there was a certain clause in the agreement that enables them 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 Herefordshire.
This can be done in one of two cases where you have the option to forfeit in Herefordshire:
Through this channel you enter the premises in Hereford, Droitwich, or Worcester and change the locks.
However, this is a risky move, as the tenant may apply to the Herefordshire court for a 'relief from forfeiture' and if this has been found to be true, then the tenant will regain possession of the property in Herefordshire and receive compensation for a problem that occurred during the process.
This is the best option to choose in Herefordshire as this follows the legal procedures in court, however, it's costly and takes time to achieve the eviction and this should be your last option
The option you opt for depends on the reason for repossession.
If the tenant has failed to pay rent in Herefordshire, then the landlord is not legally obliged to provide notice of the intention to forfeit the property; you can easily re-enter the property.
You don't have to do anything to recognize the tenancy's continuance in Herefordshire, 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.
The repossession notice should be posted on the main entrance door of the rented property in Worcester, Droitwich, or Hereford and for this a witness should be brought along like a locksmith or solicitor.
Any other types of breaches to the lease will require a serving of a section 146 notice before any action can be taken to retake the property in Herefordshire.
Your solicitor has to serve the notice to all parties involved such as any subtenant, any mortgagee and the tenant in Herefordshire.
Nature of violation in Herefordshire must be mentioned on notice with its solution which can either be remedial action or in form of compensation amount within a specific deadline.
You can proceed to forfeit the lease if the breach has not been remedied or the settlement has not been paid.
Notices for repair condition breaches have some additional rules in Herefordshire.
In certain situations you may wish to propose to your renter in Worcester, Droitwich, or Hereford the option to lay claim to statutory protection.
If the tenant in Herefordshire claims this protection within 28 days after receiving section 146 notice which he must do and the landlord cannot take any further action without having the Herefordshire court's approval.
The landlord can avoid this if the lease has a clause that permits them to enter the property in Herefordshire to correct any repair defect and then claim the costs incurred from the occupier as debt.
The process of Forfeiture begins with a possession application submitted to the county court in Herefordshire.
Standard claim forms must be filed, some courts permit the online submission of these forms in Herefordshire.
The claim forms must then be sent to the Herefordshire occupant, mostly by your lawyer, within a severe timeframe.
It's the complex area of the law, therefore, you must take legal advice on this, otherwise you'd end up delaying your repossession in Worcester, Droitwich, or Hereford if you made a mistake.
Your occupant can apply to court in Herefordshire for comfort from forfeiture if specific requirements are fulfilled.
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 Herefordshire under their existing lease.
The tenants in Herefordshire have to work promptly once they have gotten the section 146 notice as there are penalties for filing without am applicable reason.
Based in Herefordshire, 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.