As a landlord of commercial property in South Shields, there are many grounds why you may want to take back custody of your premises, the most prominent being where the tenant is in default of their conditions of lease; such as not paying rent, not maintaining the South Shields premises in good repair, being a hazard to neighbours or transferring or subordinating the premises without your permission.
You can take back the possession of the property in South Shields from the tenant while it is occupied, this kind of Clause is called forfeiture.
However, the leaseholder may just forfeit the tenancy in case there exists a particular clause within the contract that allows them to act like so.
It is advisable to contain such a clause for all commercial leases in Tyne and Wear as your powers as a landlord will be severely restricted without it.
With the forfeit right in South Shields, you can do these things:
This is whereby you enter the property in Whitburn, Jarrow, or Cleadon and replace the locks.
It is assumed to be also unsafe as your tenant could apply to court in Tyne and Wear for 'relief from forfeiture', where the occupant snatch back occupancy and requests reimbursement for penalties incurred as an outcome of illicit expulsion in South Shields.
This is the most favourable way in South Shields, even though the proceedings take undue time and are costly, but this route is advised as the last resort.
The reasons filed for the repossession can also determine the direction of the eviction procedures.
For rent not being paid in South Shields it is not a requirement to provide any notice of your intention to forfeit; you can simple re-enter the property.
As a rule of thumb, the landlord must not do anything that could attract continuation of the tenancy in South Shields which includes reminding the tenant to pay the rent, because that may cause you to wait for the next rent payment day before you can re-enter the premises for eviction.
It is always advised to have a witness with you while leaving a notice of repossession at tenant's doorstep in Whitburn, Cleadon, or Jarrow, it can be either locksmith or your solicitor.
If there is a violation of any other condition, you are required to give your tenants a section 146 notice before you can regain possession of your property in South Shields.
All the interested parties in Tyne and Wear, such as any tenant, subtenant, or mortgagee, must be delivered the notice by the solicitor.
The notice must specify the type of lease terms that were breached in South Shields and how they can be remedied (if possible) within a reasonable timeframe.
If there is neither remedial action nor compensation payment as needed then steps for lease forfeiture are acceptable.
Notices for repair condition breaches have some additional rules in South Shields.
In some instances, you may be expected to provide the occupant in Jarrow, Whitburn, or Cleadon with the opportunity to claim legal protection.
The rule is that a tenant in South Shields seeking this claim must do so within 28 days of a Notice of Section 146 and the landlord must get a preliminary claim with the court in Tyne and Wear's consensus.
This can be prevented if the rent includes a sentence which authorises the owner to enter the South Shields building to make amends of any deficiency of repair and affirm any costs incurred back from the occupant as an obligation.
This procedure involves making an application for possession in the county court in Tyne and Wear.
There is a standard form for claims that will need to be completed which in South Shields may be submitted online in certain courts.
The tenants in South Shields must be served with the claim form within the given time frame.
Legal advice is suggested in this case as it is a complicated part of the law and mistakes could cause delays in repossession in Jarrow, Cleadon, or Whitburn and cost money.
Your tenant can apply for relief from forfeiture in the court in Tyne and Wear if certain conditions are met.
This is not an automatic privilege; it is a process where the court will determine the rights and if successful, the tenant may be granted to stay in the premises in South Shields under the current lease agreement.
The tenant in South Shields should apply immediately they receive a section 146 notice since they will be penalized if found to have delayed intentionally.
Based in South Shields, working nationwide
Find Out More
If you would like to find out more about the bespoke security services we provide here at Denbigh Franks, please do not hesitate to get in touch today. We look forward to answering any questions you may have.