The landlords of commercial properties in Leicester 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 Leicester premises in good repair, not paying rent or subletting the premises without the landlord's consent.
Forfeiture is a term used when a property in Leicester is recovered from the tenant's occupation.
But this can only be done if there is a specific clause within the tenant lease that allows the property owner to do this.
Inclusion of such class in the agreement is strongly recommended to include these clauses in all Leicestershire commercial leases as lack of such a clause can restrict your powers.
Your right to forfeit in Leicester can be exercised in following ways:
This involves the landlord entering the premises in Aylestone, Beaumont Leys, or Clarendon Park and changing the locks.
This is a risky option and your tenant may feel unfairly treated and apply for relief from forfeiture from the Leicestershire court, which means the tenant repossess your property in Leicester aside from claiming compensation for whatever losses they incurred during the wrongful and forceful eviction.
This is the most preferred route in Leicester, but it's costly and lengthy as with any court proceedings, so, it should only be considered as a last resort.
Routes greatly rely on repossession reasons.
Since the property can be re-entered by you in this scenario, there is no need to release any forfeit notice for delays in rent payment in Leicester.
You shouldn't do anything to reveal the continuance of tenancy in Leicester, for example, reminding your tenant that the rent is overdue because this could result in a waiver of the right to forfeit and you may be forced to wait until the next rent payment is not paid.
You are advised to leave a repossession notice on the door step of the premises in Clarendon Park, Beaumont Leys, or Aylestone while in the company of a witness, such as a locksmith or your solicitor.
You must first deliver a warning under section 146 before you can take possession of the property in Leicester for any other violations.
This notice needs to be provided by your solicitor to everyone involved, including the landlord, the tenant, and subtenant in Leicestershire.
The nature of the breach in Leicester must be mentioned in the notice and whether payment is required for damages.
You can forfeit the lease if the breach is not rectified or reimbursed.
Additional rules in Leicester extend on notifications relevant to fix violations.
There are some instances where you might be compelled to offer your tenant in Beaumont Leys, Aylestone, or Clarendon Park the chance to claim statutory protection.
Before taking any further action, the landlord must make a preliminary claim for the Leicestershire court's permission if the tenant in Leicester claims this protection within 28 days of receiving a section 146 notice.
However, all of this can be avoided if a clause in the lease is included that entitles the landlord to go into the property in Leicester to check any damages to the area and claim any costs to the property from the tenant as debt.
If you want to carry out forfeiture, you must make an application for possession in the Leicestershire county court to start the court procedure.
Standard claim forms must be filed, some courts permit the online submission of these forms in Leicester.
The claim forms must then be served to the Leicester tenant through 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 Clarendon Park, Beaumont Leys, or Aylestone.
Your tenant can apply for relief from forfeiture in the court in Leicestershire if certain conditions are met.
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 Leicester under their existing lease if granted.
The occupant in Leicester should make a request as soon as they collect a section 146 notification since they will be chastised if they are discovered to have delayed needlessly.
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