Some commercial landlord wants to take back possession of their premises in Oldham for one or two reasons, the most common being situations where the tenant is breaching the lease terms such as, not keeping the premises in Oldham in good repair, not paying rent, being a nuisance to neighbours, and many more.
Claiming ownership of your Oldham property when inhabited by an occupant is called 'forfeiture'.
However, the leaseholder may just forfeit the tenancy in case there exists a particular clause within the contract that allows them to act like so.
It is advisable to contain such a clause for all commercial leases in Greater Manchester as your powers as a landlord will be severely restricted without it.
This can be done in one of two cases where you have the option to forfeit in Oldham:
Here you can enter the premises in Taunton, Ashton-Under-Lyne, or Oldham and practically change the locks.
The tenant may decide to take it up by applying to the court in Greater Manchester for "relief from forfeiture" where if granted, the tenant would reclaim the premises in Oldham and may even claim compensation on the grounds of wrongful eviction.
This is the preferred method in Oldham as this follows correct court procedures, although it can be more lengthy and costly and this should be the last resort.
The option you opt for depends on the reason for repossession.
For non-payment of the lease in Oldham, you're not expected to provide any information about your purpose to forfeit; you can just go ahead to repossess your property.
As a rule of thumb, the landlord must not do anything that could attract continuation of the tenancy in Oldham which includes reminding the tenant to pay the rent, because that may cause you to wait for the next rent payment day before you can re-enter the premises for eviction.
However, it's advisable to leave a notice of repossession on the door in Oldham, Taunton, or Ashton-Under-Lyne and have a witness such as your solicitor accompany you.
In case of breaking any clause from the lease agreement section, 146 will be exercised before getting back possession of the Oldham property.
Your solicitor must serve the notice to everyone involved including the landlord, subtenant and the tenant in Greater Manchester.
The notice must specify the type of lease terms that were breached in Oldham and how they can be remedied (if possible) within a reasonable timeframe.
After the deadline is expired and no action is taken by the tenant then you can forfeit the agreement.
The notices in Oldham relating to breaches of repair come with additional rules.
For instance, some cases require that the tenant in Ashton-Under-Lyne, Oldham, or Taunton is allowed to claim statutory protection.
If your Oldham tenant demands this statutory protection, which has to be done in 28 days after getting a section 146 notice, the landlord will have to seek a preliminary claim for permission from Greater Manchester court prior to taking any further actions.
The landlord can avoid this if the lease has a clause that permits them to enter the property in Oldham to correct any repair defect and then claim the costs incurred from the occupier as debt.
The court in Greater Manchester county has a standard process of repossession which starts by applying for possession to the court.
Standard claim forms are required to be filled in, which in Oldham the landlord can now submit online in a couple of courts.
After that, the tenant in Oldham would receive the claim forms, through a solicitor within a specific time bracket.
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 Oldham, Taunton, or Ashton-Under-Lyne and be costly.
The tenant can make an application for forfeiture in a Greater Manchester court if certain terms are met.
This is the only remedy available from the court to the tenant although, it is not an automatic right of the tenant, in case they are granted this right they can be able to continue the occupation of the Oldham premises under the same existing lease.
Immediately after receiving the section 146 notice, the Oldham 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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