There could be a multitude reasons why commercial property owners in Peterborough could want to regain building possession, one of the most common reasons is broken lease terms by the tenant, for example, disrupting the neighbours, damaging the Peterborough property, failure to pay rent or leasing the property further without the tenants' knowledge.
Claiming ownership of your Peterborough property when inhabited by an occupant is called 'forfeiture'.
And, if there is a specific clause in the contract that requires you to do so, you can only void the lease.
It's recommended that all leases of commercial property in Cambridgeshire include a forfeit clause because without one, your powers as the landlord are extremely limited.
When you have legitimate reasons to forfeit in Peterborough, you can do this in two different ways:
In this scenario, you replace all the locks at the property in Orton Southgate, Eye, or Farcet.
However, this may be a risky procedure as the tenant can claim in the court in Cambridgeshire 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 Peterborough.
Under this you have to contact the court for possession and this can be costly and lengthy but it is the preferred way in Peterborough but you should keep this as your final option.
Usually, the often chosen will depend on the reason for forfeiting the tenant.
You are not required to give notice of your plan to forfeit in the case of non-payment of rent in Peterborough; you may easily re-enter the premises.
You must not do anything that can cause the tenancy agreement to continue in Peterborough 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 recommended that you drop a notice of repossession at the front door of the property in Orton Southgate, Eye, or Farcet in the presence of a witness such as a locksmith, or even your solicitor is recommended.
You must first deliver a warning under section 146 before you can take possession of the property in Peterborough for any other violations.
All the interested parties in Cambridgeshire, such as any tenant, subtenant, or mortgagee, must be delivered the notice by the solicitor.
It must be specific on the nature of the breach in Peterborough and whether is needs remedial action within a reasonable time or the settlement of the compensation.
If the violation has not been mended or the reimbursement paid as mandated, then you can continue to forfeit the rent.
Additional rules in Peterborough extend on notifications relevant to fix violations.
In certain instances, you may be forced to give your occupants in Farcet, Orton Southgate, or Eye the opportunity to file for statutory security.
In case you leaseholder in Peterborough applies for the statutory protection, (to be completed within 28 days upon receiving a Sec. 146 order notice), may opt for a preliminary permission claim in court in Cambridgeshire before moving to the next step.
However, all of this can be avoided if a clause in the lease is included that entitles the landlord to go into the property in Peterborough to check any damages to the area and claim any costs to the property from the tenant as debt.
The process involving forfeiture begins with requesting for ownership from the regional court in Cambridgeshire.
There are standard claim forms that must be filled, which in Peterborough can now be submitted online in some courts.
The claim forms must then be served within a strict time frame on the tenant in Peterborough, usually by your solicitor.
Since this is a very complex process, seek professional advice from your solicitor to avoid making costly mistakes that can equally prolong the repossession period in Eye, Orton Southgate, or Farcet.
The tenant can apply to the Cambridgeshire court for relief from the forfeiture proceedings if specific requirements are met.
However, this does not mean that the tenant has an automatic right, it's a discretionary remedy that is available to a court and if the tenant is granted, it means they can continue living in the Peterborough property under the existing lease.
As soon as the section 146 notice is delivered, the tenant in Peterborough needs to make an application to the court because if they delayed the application unnecessarily, they will be penalized.
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