If you own some commercial properties in Liverpool, there are several reasons why you may consider taking your premises back, the commonest reason is a breach of the lease terms by the tenants, and lack of proper Liverpool property maintenance, payment default, constituting nuisance to the community, and subletting the premises without your permission are some outstanding reasons why you may consider the eviction option.
Forfeiture is a term used when a property in Liverpool is recovered from the tenant's occupation.
However, you can only forfeit the lease if there is a specific clause permitting you to do so.
Every commercial lease in Merseyside should have such a clause in your tenancy agreement that would increase your chances of taking back possession of your premises.
There are two ways to use the right of forfeiture in Liverpool:
This involves the landlord entering the premises in Liverpool, Kirkby, or Prescot and changing the locks.
This is a sensitive method because the tenant can file a 'relief from forfeiture' claim to the Merseyside court, if this is successful, the tenant will regain possession of the property in Liverpool and also request for a settlement for losses as a result of unfair removal from the property.
This is the typical method used in Liverpool, you can use the help of the court and the court will provide you with possession orders, however, this method is lengthy and costly.
The option you opt for depends on the reason for repossession.
Landlords are not obligated to inform the tenant of a forfeiture with respect to failure to pay rent in Liverpool, they can simply gain entrance into the property.
It is imperative that you don't give the tenant a reminder of the overdue rent in Liverpool, otherwise, you may lose your right to forfeit because of acknowledgement, and if that happens, you are at the mercy of the tenant because you are helpless until the tenant default on the next rent payment.
The repossession notice should be posted on the main entrance door of the rented property in Liverpool, Prescot, or Kirkby and for this a witness should be brought along like a locksmith or solicitor.
If you're dealing with other breaches, you cannot take possession of the property in Liverpool unless you send the section 146 notice.
Your solicitor should serve mortgagee, the tenant, and other subtenants, if possible in Merseyside.
The reason for the serving must be included as well as if any remedial action within a given time of compensation of payment is needed in Liverpool.
If the violation has not been resolved or the fee compensated as needed, you may continue with the lease forfeit.
When a breach of repair is involved, other rules must be taken into consideration in Liverpool.
These clauses give the tenant in Kirkby, Liverpool, or Prescot a chance to come to statutory protection.
This protection needs to be sought by the Liverpool tenant within the stipulated 28 days of receiving the Section 146 notice, it is mandatory that the landlord make a preliminary claim for permission from the court in Merseyside before making any further moves.
This claim can be avoided if there is a clause in the lease, which allows the landlord to claim back any costs or repair damage incurred from the tenant by entering the property in Liverpool.
The landlord can apply to the court by making an application of possession in the county court in Merseyside.
You must complete some standard claim forms and in Liverpool you can submit them online.
The claim forms must then be sent to the Liverpool occupant, mostly by your lawyer, within a severe timeframe.
This being an area of law that is complex, any delay mistake may be costly and repossession in Kirkby, Prescot, or Liverpool delayed, so it is advised to always seek legal advice.
In some specific conditions, your tenant can apply for relief from forfeiture in the court in Merseyside.
A tenants is not entitled straight away, the permission to live will be granted by the court and the tenant will then live in the premises in Liverpool under the same lease contract.
The Liverpool 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.
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