The landlords of commercial properties in Plymouth can take back the possession of their premises for many reasons, usually, they end the tenancy when the tenant is in breach of their lease terms; such as being nuisance to neighbours, not keeping the Plymouth premises in good repair, not paying rent or subletting the premises without the landlord's consent.
The process of regaining possession of your Plymouth property which may still be occupied by a tenant is known as 'forfeiture'.
But this can only be done if there is a specific clause within the tenant lease that allows the property owner to do this.
It's recommended that every commercial lease to have such a lease because without it the powers of property owners in Devon will be restricted severely.
Where you possess the privilege to forfeit in Plymouth, this can be handled in one of two ways:
This is whereby you enter the property in Plymstock, Plymouth, or Saltash and replace the locks.
This is a risky method as the tenant could later apply for assistance in court in Devon in order to retain possession of the property along with claiming any compensation for the way they were terminated in Plymouth as it could have caused prospective loss.
This is the preferred method in Plymouth as this follows correct court procedures, although it can be more lengthy and costly and this should be the last resort.
The reason for the repossession helps with choosing the right route.
When there is non-payment of rent in Plymouth, you may not have to inform the tenant of forfeiture because you can simply re-enter the premises and take possession.
You must not do anything that can cause the tenancy agreement to continue in Plymouth 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.
You must leave a repossession notice on the premise door in Plymstock, Saltash, or Plymouth which should be done while in the company of either a locksmith or your solicitor who acts as the witness.
In case of any other breaches, you must serve a section 146 notice before you are bound to premises repossession in Plymouth.
Your solicitor has to serve the notice to all parties involved such as any subtenant, any mortgagee and the tenant in Devon.
Nature of violation in Plymouth must be mentioned on notice with its solution which can either be remedial action or in form of compensation amount within a specific deadline.
You can proceed to forfeit the lease if the breach has not been remedied or the settlement has not been paid.
When a breach of repair is involved, other rules must be taken into consideration in Plymouth.
These clauses give the tenant in Plymstock, Plymouth, or Saltash a chance to come to statutory protection.
If the Plymouth tenant accepts this protection, then the rectification and repairs must be done within 28 days of receiving the section 146 notice and the landlord will then need the Devon court's permission to make the initial claim.
The landlord can avoid this if the lease has a clause that permits them to enter the property in Plymouth to correct any repair defect and then claim the costs incurred from the occupier as debt.
This procedure involves making an application for possession in the county court in Devon.
Standard claim forms must be filed, some courts permit the online submission of these forms in Plymouth.
The Plymouth tenant must be served the claim forms by your solicitor within a stipulated timeframe.
It's the complex area of the law, therefore, you must take legal advice on this, otherwise you'd end up delaying your repossession in Plymouth, Saltash, or Plymstock if you made a mistake.
In some specific conditions, your tenant can apply for relief from forfeiture in the court in Devon.
Although that's not the tenant's automatic rights, the court can offer this remedy at its discretion that may allow the tenant to continue using the premises in Plymouth while the existing lease lasts.
If a tenant in Plymouth has received section 146 notice, he is required to make an application at their earliest or they will be fined if known to delay on purpose.
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