Your tenant is probably not paying rent on time, disturbing other tenants, tempering with the Newcastle premise or in breach of other lease terms like subletting your premises without your knowledge, these are some of the reasons a landlord may want to evict their commercial tenants and regain possession of their property in Newcastle.
Taking possession of your property in Newcastle is considered' forfeiture' while used by a resident.
The lease can only be forfeited if there is a specific condition mentioned in the agreement that allows you to do so.
Every commercial lease in Tyne and Wear should have such a clause in your tenancy agreement that would increase your chances of taking back possession of your premises.
If you have the right to forfeit in Newcastle it can be implemented in either of the following:
It enables you to change the locks of the doors after entering the premises in Tynemouth, Wallsend, or Washington effectively.
However, it's considered risky because the tenant can take back possession with a 'relief from forfeiture' claim in Tyne and Wear court and claims compensation for losses incurred if they were wrongfully evicted in Newcastle.
This normally is the preferred option in Newcastle although, as with any proceedings of the court, it can be costly to you and takes long, you should therefore consider it as the last option.
The reasons filed for the repossession can also determine the direction of the eviction procedures.
For rent not being paid in Newcastle it is not a requirement to provide any notice of your intention to forfeit; you can simple re-enter the property.
You don't have to do anything to recognize the tenancy's continuance in Newcastle, 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.
You are advised to leave a repossession notice on the door step of the premises in Wallsend, Washington, or Tynemouth while in the company of a witness, such as a locksmith or your 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 Newcastle.
Your solicitor should serve mortgagee, the tenant, and other subtenants, if possible in Tyne and Wear.
This notice will specify the remedial majors in Newcastle or the compensation that needs to be done for breaking any clause.
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 Newcastle.
In some instances you may obliged to offer the tenant in Wallsend, Washington, or Tynemouth the chance to claim statutory protection.
The rule is that a tenant in Newcastle seeking this claim must do so within 28 days of a Notice of Section 146 and the landlord must get a preliminary claim with the court in Tyne and Wear's consensus.
In some cases where the lease has a clause that allows the landlord to rectify any defect and costs to be incurred by the tenant by entering the Newcastle property, then it is not legally applicable.
The forfeiture court procedure begins by applying to the county court in Tyne and Wear for possession.
The landlord has to fill the standard claim forms which in Newcastle can either be done online in some courts.
Then the solicitor needs to serve these forms to the tenants in Newcastle within a strict 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 Tynemouth, Washington, or Wallsend and be costly.
The leaseholder may apply for forfeiting in court in Tyne and Wear in case certain conditions have been met.
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 Newcastle under the same lease contract.
The tenant in Newcastle 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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