Being a commercial landlord there can exist several reasons to have the possession of the Scunthorpe property back and violation of agreement terms by the tenant is common like damaging the property in Scunthorpe, having pending rents, creating problems for the neighbours assigning the premises to someone else without your approval/consent etc.
Repossessing your property in Scunthorpe that is occupied by a tenant is known as 'forfeiture'.
You need to add a clause in your lease agreement to let you forfeit the lease.
Every commercial lease in Lincolnshire should have such a clause in your tenancy agreement that would increase your chances of taking back possession of your premises.
Where you have the right to forfeit in Scunthorpe, this can be done in one of two methods:
This entails gaining entrance into the property in Belvedere, Bexley, or Erith and replacing the locks.
However, it's considered risky because the tenant can take back possession with a 'relief from forfeiture' claim in Lincolnshire court and claims compensation for losses incurred if they were wrongfully evicted in Scunthorpe.
This is generally the preferred route in Scunthorpe, although it can be costly and time-consuming, as with any court proceedings, and it should only be considered a last resort.
The reasons filed for the repossession can also determine the direction of the eviction procedures.
You don't have to issue any notice of your plans to forfeit for non-payment of rent in Scunthorpe simply because you can re-enter the property.
It is imperative that you don't give the tenant a reminder of the overdue rent in Scunthorpe, otherwise, you may lose your right to forfeit because of acknowledgement, and if that happens, you are at the mercy of the tenant because you are helpless until the tenant default on the next rent payment.
It is advised that you post a repossession note at the property door in Belvedere, Erith, or Bexley and have a friend to assist you, such as a locksmith or an attorney.
It would help if you first served a section 146 notice for any other breaches before you can take possession of the property in Scunthorpe.
The notice on all interested parties, including the tenant, any mortgagee, and any subtenant in Lincolnshire must be served by your solicitor.
The notice should give details regarding the violation in Scunthorpe and in case it requires remedial measures with a particular time-frame or reimbursement.
If the violation has not be rectified or reimbursed as stated, you may move on with your forfeiture plans of the tenancy.
There are other stipulations that govern notices for repair violations in Scunthorpe.
For instance, some cases require that the tenant in Bexley, Belvedere, or Erith is allowed to claim statutory protection.
If the tenant in Scunthorpe claims this protection within 28 days after receiving section 146 notice which he must do and the landlord cannot take any further action without having the Lincolnshire court's approval.
If there is a clause in the lease agreement, the landlord can avoid this when it is relevant to taking back possession of the Scunthorpe property and recovering costs for damages and costs incurred from non-payments.
This process begins with the landlord making an application for possession of the property within the county court in Lincolnshire.
He would then fill and submit the necessary forms in Scunthorpe, potentially online depending on the court location.
Your solicitor will then serve the claim forms within a stipulated period to the tenant in Scunthorpe.
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 Bexley, Erith, or Belvedere.
If specific conditions are fulfilled, the tenant can submit an application for relief to the Lincolnshire court.
This is not automatic however, this is a court prevention measure, but if granted they may be in a position to continue to stay in the premise in Scunthorpe under their existing lease.
However, the tenant in Scunthorpe is required to make an application immediately they receive a section 146 notice to avoid been penalized for unnecessary delay.
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