If you are the landlord of a commercial property in Runcorn, there are countless reasons why you would want to regain the possession of your property, the most common reason is when a tenant violates their rental agreement, such as inadequate maintenance of the Runcorn property, constituting a nuisance to other properties around, subleasing the property without your permission, or even owing rents.
You can take back the possession of the property in Runcorn from the tenant while it is occupied, this kind of Clause is called 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 Cheshire will be restricted severely.
Your right to forfeit in Runcorn can be exercised in following ways:
This involves the landlord entering the premises in Frodsham, Helsby, or Appleton Thorn and changing the locks.
The tenant has the right to apply to court in Cheshire for relief from forfeiture, so, it can be a little bit risky for you as the tenant will not only take back the possession of the property in Runcorn but they will also claim compensation for losses.
This is mostly the preferred path in Runcorn though, as with any judiciary proceedings, it can be expensive and long so should only be evaluated as a final resort.
Your reasons for regaining possession could have a role in deciding the route taken by you.
When there is non-payment of rent in Runcorn, you may not have to inform the tenant of forfeiture because you can simply re-enter the premises and take possession.
It is advised not to give notice of any overdue rent, as doing such an action will give away your right to forfeit the property in the moment in Runcorn, and you would need to wait until the next failed payment of rent before you can then forfeit the property again.
However, it's advisable to leave a notice of repossession on the door in Frodsham, Helsby, or Appleton Thorn and have a witness such as your solicitor accompany you.
It would help if you first served a section 146 notice for any other breaches before you can take possession of the property in Runcorn.
All the interested parties in Cheshire, such as any tenant, subtenant, or mortgagee, must be delivered the notice by the solicitor.
Nature of violation in Runcorn 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.
There are other extra rules in Runcorn related to repair violations.
In some instances, you may be expected to provide the occupant in Frodsham, Helsby, or Appleton Thorn with the opportunity to claim legal protection.
If the Runcorn 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 Cheshire court's permission to make the initial claim.
This can be avoided if the lease contains a clause allowing the landlord to enter the premises in Runcorn in order to remedy any repair defect and claim any costs incurred as a debt by the tenant.
Applying to the Cheshire county court for possession is the first step in the court proceedings for forfeiture.
You should fill in an ordinary claim form, which in Runcorn may be delivered online in certain courts.
The tenants in Runcorn must be served with the claim form within the given time frame.
You should always take legal advice on this since it's a complex section of law, mistakes can be costly and delay repossession efforts in Appleton Thorn, Helsby, or Frodsham.
Relief from forfeiture can be applied for by the tenant to Cheshire court when certain conditions have been achieved.
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 Runcorn while the existing lease lasts.
The tenant in Runcorn is advised to apply for this straight away after receiving the section 146 notice as they can be penalised for any unnecessarily delayed time.
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