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When it is a commercial premise in Oxfordshire, there are a lot of reasons why the landowner would want to evict the tenant, however, the landowner can still take possession and evict the tenant from a commercial land, the reason for eviction can be the breaking of rules from the lease agreement, not paying the rent on time, not maintaining the Oxfordshire property, or subletting the property without your knowledge.
Regaining property possession in Oxfordshire when a tenant still occupies the premises is otherwise known as forfeiture.
However, the forfeiture option for a lease can only be effected if a clause in the lease enables you to that.
The landlords powers are severely restricted if the commercial lease doesn't contain such a clause, therefore, you must mention it in all the commercial leases in Oxfordshire.
When you have legitimate reasons to forfeit in Oxfordshire, you can do this in two different ways:
This requires you to enter the premises in Oxford, Banbury, or Bicester effectively and change the locks.
However, this may be a risky procedure as the tenant can claim in the court in Oxfordshire for the wrongful eviction under a 'relief from forfeiture' and if this is successful, the tenant gets possession back and can put in a settlement for losses due to unfair eviction from the premises in Oxfordshire.
It should always be considered as the last resort as it can be lengthy process and it can cost you a lot, however, it's the preferred way of carrying out eviction in commercial properties in Oxfordshire.
How you proceed depends on the reason for repossession.
If the tenant has failed to pay the rent in Oxfordshire, giving notice with the intention of forfeiture is not necessary instead you just re-enter the premise.
You must not do anything that can cause the tenancy agreement to continue in Oxfordshire which means your chances of forfeiture are reduced or completely vanished like you must not remind your tenant about any pending rent or wait for next payment to be missed.
It is advised to drop a note of reclaiming on the entrance of the house in Oxford, Banbury, or Bicester and have a testifier to escort you, such as your solicitor or locksmith.
Notice 146 must be served before repossession of premises in Oxfordshire if there are any other violations by the tenant.
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 Oxfordshire.
It must indicate the essence of the violation in Oxfordshire and whether it needs rectifying effort within a sensible time or the payment of reimbursement.
If there is neither remedial action nor compensation payment as needed then steps for lease forfeiture are acceptable.
When a breach of repair is involved, other rules must be taken into consideration in Oxfordshire.
In certain situations, the landlord may be required to provide the tenant in Banbury, Bicester, or Oxford with statutory protection.
If the Oxfordshire tenant decides to do this, which must be done within 28 days of receiving the 146 notice, then the landlord must make a preliminary claim to the court in Oxfordshire before any other actions can progress.
This can be exceptional only if the agreement includes a clause about entering the premises in Oxfordshire for repairing any fault at premises and claim the costs of the repair from the tenant as a debt.
The process of Forfeiture begins with a possession application submitted to the county court in Oxfordshire.
It is necessary to complete standard claim forms, which in Oxfordshire can now be submitted online in some courts.
The tenants in Oxfordshire must be served with the claim form within the given time frame.
It is necessary to consult legal experts because this is an intricate aspect of law and making errors may slow down your possession in Oxford, Bicester, or Banbury and even cause irreparable damage.
Under some conditions, your tenant has the right to apply for relief from forfeiture from the court in Oxfordshire.
However, the tenant doesn't have an automatic right to get the relief and the court will decide whether they deserve the relief, but they will be able to occupy the Oxfordshire premises if the court grants them some relief.
However, the tenant in Oxfordshire is required to make an application immediately they receive a section 146 notice to avoid been penalized for unnecessary delay.
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