The landlords of commercial properties in Lincolnshire 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 Lincolnshire premises in good repair, not paying rent or subletting the premises without the landlord's consent.
When you take back the possession of your property in Lincolnshire from a tenant, it's known as 'forfeiture'.
Nevertheless, the tenant can only forfeit the lease if there was a certain clause in the agreement that enables them to do so.
Without this clause, there is an extreme limitation of your rights as a landlord, so it is recommended that such clauses should be included in all commercial rentals in Lincolnshire.
When you have legitimate reasons to forfeit in Lincolnshire, you can do this in two different ways:
You can enter the premises in Grantham, Lincoln, or Boston and change the locks where the tenant is staying.
It is assumed to be also unsafe as your tenant could apply to court in Lincolnshire for 'relief from forfeiture', where the occupant snatch back occupancy and requests reimbursement for penalties incurred as an outcome of illicit expulsion in Lincolnshire.
This is the typical method used in Lincolnshire, you can use the help of the court and the court will provide you with possession orders, however, this method is lengthy and costly.
Also, the path you chose depends on the cause of the repossession.
Landlords are not obligated to inform the tenant of a forfeiture with respect to failure to pay rent in Lincolnshire, they can simply gain entrance into the property.
It is best not to let the tenant know regarding duration of tenancy in Lincolnshire, like reminding them of overdue rent, because resultantly your right to forfeit would be waivered and you won't be able to do anything until the next overdue rent payment.
It is therefore advisable to place a notice regarding repossession on the tenant's front door on your premises in Grantham, Lincoln, or Boston and call in your locksmith or lawyer as witness.
Notice 146 must be served before repossession of premises in Lincolnshire if there are any other violations by the tenant.
Your solicitor should serve mortgagee, the tenant, and other subtenants, if possible in Lincolnshire.
It must include the type of violation and whether it can be corrected within a specific period in Lincolnshire, or if a settlement must be made.
If there is neither remedial action nor compensation payment as needed then steps for lease forfeiture are acceptable.
When it comes to breach of repair in Lincolnshire, some rules apply before serving the notice.
These clauses give the tenant in Grantham, Lincoln, or Boston a chance to come to statutory protection.
This must be claimed by the Lincolnshire tenant not more than 28 days after getting a section 146 notice and the landlord is required to apply for a preliminary claim for permission from the court in Lincolnshire before doing anything else.
This may be prevented if the rental agreement includes a clause that empowers the landlord to enter the property in Lincolnshire and correct any repair deficit and claim the incurred costs of repair as debts to be paid by the tenant.
Forfeiture only starts in the county court in Lincolnshire where the application is made.
You must complete the standard claim forms for this purpose and in Lincolnshire you can now submit these forms online in some courts.
Then, the claim forms will have to be sent to the Lincolnshire tenant normally by the solicitor within a certain time frame.
However, this process is lengthy and can be very costly for the landlord, so you should always consult legal advice as this is a complex part of law and errors will slow the process in Grantham, Lincoln, or Boston.
Relief from forfeiture can be applied for by the tenant to Lincolnshire court when certain conditions have been achieved.
However, the tenant isn't entitled to this automatically, it is a process available from the court, but if the tenant can gain this then they will probably be allowed to continue to live in the Lincolnshire property under their previous lease.
Immediately after receiving the section 146 notice, the Lincolnshire tenant should make the application or else will be given a penalty in case they are found to have played a delaying tactic unavoidably or intentionally.
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