When it is a commercial premise in Shropshire, 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 Shropshire property, or subletting the property without your knowledge.
You can take back the possession of the property in Shropshire from the tenant while it is occupied, this kind of Clause is called forfeiture.
The landlord can only be allowed to forfeit if there was a clause in the lease that grants him the freedom to do so.
If no clause enables you to do so, your rights as a landlord are restricted severely, so it is advised that such clauses are included for all commercial leases in Shropshire.
If you have the right to forfeit in Shropshire it can be implemented in either of the following:
You can enter the premises in Telford, Shrewsbury, or Oakengates-Donnington and change the locks where the tenant is staying.
However, it's considered risky because the tenant can take back possession with a 'relief from forfeiture' claim in Shropshire court and claims compensation for losses incurred if they were wrongfully evicted in Shropshire.
This is mostly the preferred path in Shropshire though, as with any judiciary proceedings, it can be expensive and long so should only be evaluated as a final resort.
The reasons filed for the repossession can also determine the direction of the eviction procedures.
There is no need of notifying your tenants of your forfeiture plans for rent arrears in Shropshire due to the fact you have the rights to re-enter your premises.
You must not perform anything to admit the continuation of the occupancy in Shropshire, such as prompt the occupant of any outstanding lease, as this may result to the disclaimer of your right to forfeit and you will have to stay till the subsequent lease fee is skipped.
It is advised to put a repossession notice on the door in Telford, Shrewsbury, or Oakengates-Donnington whilst a locksmith or your solicitor is there as a witness.
In case of any other breaches, you must serve a section 146 notice before you are bound to premises repossession in Shropshire.
The notification must be offered by your lawyer on all interested parties in Shropshire, comprising the occupant, any mortgagee and any subtenant.
The nature of the breach in Shropshire must be specified and whether it requires remedial action or payment of compensation.
You can proceed to forfeit the lease if the breach has not been remedied or the settlement has not been paid.
Notices that are related to breach of repair have more rules in Shropshire.
The landlord will be required to offer the opportunity to the tenant in Shrewsbury, Oakengates-Donnington, or Telford where they may claim statutory protection.
When the tenant in Shropshire uses this protection, they must respond within 28 days of getting a section 146 notice and the landlord must get a preliminary claim from the court in Shropshire before taking any further action.
The landlord can avoid this if the lease has a clause that permits them to enter the property in Shropshire to correct any repair defect and then claim the costs incurred from the occupier as debt.
The first step towards the court procedure for forfeiture is to approach the Shropshire County Court and apply for an application possession.
Standard claim forms are required to be filled in, which in Shropshire the landlord can now submit online in a couple of courts.
After that, the tenant in Shropshire would receive the claim forms, through a solicitor within a specific time bracket.
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 Oakengates-Donnington, Shrewsbury, or Telford.
Your tenant can apply to court in Shropshire for forfeiture relief if specific conditions 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 Shropshire property under the existing lease.
As soon as the section 146 notice is delivered, the tenant in Shropshire needs to make an application to the court because if they delayed the application unnecessarily, they will be penalized.
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