Being a commercial landlord there can exist several reasons to have the possession of the Nottinghamshire property back and violation of agreement terms by the tenant is common like damaging the property in Nottinghamshire, having pending rents, creating problems for the neighbours assigning the premises to someone else without your approval/consent etc.
Repossessing your property in Nottinghamshire that is occupied by a tenant is known as 'forfeiture'.
The landlord can only be allowed to forfeit if there was a clause in the lease that grants him the freedom to do so.
Without such a clause in the lease, then the landlord is prohibited by the law against evicting the commercial tenant in Nottinghamshire under no circumstance whatsoever.
Where you have the right to forfeit in Nottinghamshire, this can be done in one of two methods:
This involves the landlord entering the premises in Mansfield, Beeston and Stapleford, or West Bridgeford and changing the locks.
However, this is a dangerous option because the tenant may seek "relief from forfeiture", meaning the tenant will take back the possession and claim any loss in the illegal eviction in Nottinghamshire, lay a claim for compensation in court in Nottinghamshire.
This is mostly the preferred path in Nottinghamshire though, as with any judiciary proceedings, it can be expensive and long so should only be evaluated as a final resort.
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 Nottinghamshire, they can simply gain entrance into the property.
You must not acknowledge the continuance of the tenancy in Nottinghamshire by discussing overdue rent, as this can result in withdrawing your forfeiture rights and you have to hold off until the next rent payment is missed.
However, it's advisable to leave a notice of repossession on the door in Mansfield, Beeston and Stapleford, or West Bridgeford and have a witness such as your solicitor accompany you.
In case other terms have been broken, you will have to first give a section 146 notice prior to regaining possession of your Nottinghamshire premises.
Your solicitor is the one mandated to serve the notice on all parties that are interested, including any subtenant, any mortgagee, and the tenant in Nottinghamshire.
Nature of violation in Nottinghamshire must be mentioned on notice with its solution which can either be remedial action or in form of compensation amount within a specific deadline.
In case the breach hasn't been corrected or compensated as expected, you can move on to forfeit the lease.
If the tenant broke any other lease terms in Nottinghamshire, there are other rules as specified by law.
These clauses give the tenant in Beeston and Stapleford, Mansfield, or West Bridgeford a chance to come to statutory protection.
When the tenant in Nottinghamshire uses this protection, they must respond within 28 days of getting a section 146 notice and the landlord must get a preliminary claim from the court in Nottinghamshire before taking any further action.
This can be avoided if the lease has a clause which entitles the property owner to gain access to the premise in Nottinghamshire to correct any repair defect and claim any costs from the tenant that were incurred back as unsettled bills.
For the possession, through the court, you have to file an application in the county court in Nottinghamshire.
Standard claim forms are required to be filled in, which in Nottinghamshire the landlord can now submit online in a couple of courts.
The claim forms must then be served within a strict time frame on the tenant in Nottinghamshire, usually by your solicitor.
You should constantly receive legal advice on this as it is a complicated area of law, and errors can be expensive and slow down your reclaiming in Mansfield, Beeston and Stapleford, or West Bridgeford.
If certain conditions are met, your tenant may apply to court in Nottinghamshire for relief from forfeiture.
This is a discretionary relief, not an automatic right, and if granted, your tenant can continue to live in the premises in Nottinghamshire under their existing lease.
Immediately when a section 146 notice is served to the Nottinghamshire tenant, they should apply because there are penalties when there is any delay in applying without a justified reason.
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