If you are the landlord of a commercial property in Somerset, 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 Somerset 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 Somerset from the tenant while it is occupied, this kind of Clause is called forfeiture.
Nevertheless, the tenant can only forfeit the lease if there was a certain clause in the agreement that enables them to do so.
It's recommended that every commercial lease to have such a lease because without it the powers of property owners in Somerset will be restricted severely.
Somerset property owners bear forfeiture rights and they may execute it in the following ways:
This entails you successfully enter the property in Taunton, Yeovil, or Bridgwater and switch the locks.
This is a sensitive method because the tenant can file a 'relief from forfeiture' claim to the Somerset court, if this is successful, the tenant will regain possession of the property in Somerset and also request for a settlement for losses as a result of unfair removal from the property.
This is normally considered the best way in Somerset although it may be costly and time consuming with court proceedings but it's advisable to use this route only as the last option.
Grounds for regaining ownership could determine the path you decide to take.
In case of pending dues in Somerset, you can simply enter the premises and you don't need to serve a notice of forfeiture to the tenant.
It is imperative that you don't give the tenant a reminder of the overdue rent in Somerset, 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.
You can simply leave a notice of repossession on the door of the property in Taunton, Bridgwater, or Yeovil and don't forget to bring a witness with you, a solicitor or a locksmith.
Before repossession of a property in Somerset, landlords must first serve the tenant a Notice Section 146 prior to taking the premises' possession.
All the interested parties in Somerset, such as any tenant, subtenant, or mortgagee, must be delivered the notice by the solicitor.
It must indicate the essence of the violation in Somerset and whether it needs rectifying effort within a sensible time or the payment of reimbursement.
If the violation has not been resolved or if the settlement has not been paid as stated, then the process of forfeiture may begin.
There are other stipulations that govern notices for repair violations in Somerset.
In some instances you may obliged to offer the tenant in Bridgwater, Yeovil, or Taunton the chance to claim statutory protection.
If your Somerset tenant demands this statutory protection, which has to be done in 28 days after getting a section 146 notice, the landlord will have to seek a preliminary claim for permission from Somerset court prior to taking any further actions.
However, if the landlord enshrined a clause in the lease that entitles the landlord to rectify any defect of repair and claim the cost from the tenant by going into the Somerset premises, the claim can be avoided.
The court in Somerset county has a standard process of repossession which starts by applying for possession to the court.
He would then fill and submit the necessary forms in Somerset, potentially online depending on the court location.
The claim forms are then served to the tenant in Somerset by your solicitor within a strict time - frame.
It is necessary to consult legal experts because this is an intricate aspect of law and making errors may slow down your possession in Taunton, Bridgwater, or Yeovil and even cause irreparable damage.
The tenant can make an application for forfeiture in a Somerset court if certain terms are met.
This is a discretionary relief, not an automatic right, and if granted, your tenant can continue to live in the premises in Somerset under their existing lease.
A tenant in Somerset who has received a section 146 notice must make an application as soon as they can since they'll be fined if discovered to have delayed intentionally.
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