When it is a commercial premise in Southampton, 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 Southampton property, or subletting the property without your knowledge.
Claiming ownership of your Southampton property when inhabited by an occupant 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 is advisable to contain such a clause for all commercial leases in Hampshire as your powers as a landlord will be severely restricted without it.
Southampton property owners bear forfeiture rights and they may execute it in the following ways:
This involves the landlord entering the premises in Marchwood, Eling, or Hillyfields and changing the locks.
It is risky as you may be convicted to the penalty if your tenant applies to the court in Hampshire for the relief and compensation and he can also take the possession back as a result of unlawful eviction in Southampton.
This is the commonly preferred method in Southampton, the downside is that, like any court case, it may be expensive and time consuming so it should only be used after all else has failed.
The reason for the repossession helps with choosing the right route.
You don't have to issue any notice of your plans to forfeit for non-payment of rent in Southampton simply because you can re-enter the property.
You'd be causing damage to your right to forfeit if you considered sending a reminder to the tenant of any overdue rent in Southampton, after that you won't be able to forfeit unless the next rent payment is missed.
It is always advised to have a witness with you while leaving a notice of repossession at tenant's doorstep in Eling, Hillyfields, or Marchwood, it can be either locksmith or your solicitor.
A section 146 notice needs to be given if any other terms have been broken before taking back the property possession in Southampton.
The landlord's solicitor will serve the notice to all the interested parties, such as the tenant(s), the subtenant(s), and the mortgagee(s) in Hampshire.
This notice will specify the remedial majors in Southampton or the compensation that needs to be done for breaking any clause.
If the breach is yet to be remedied or the compensation paid as expected then you are free to proceed to forfeit the lease.
The notices in Southampton relating to breaches of repair come with additional rules.
For instance, some cases require that the tenant in Hillyfields, Marchwood, or Eling is allowed to claim statutory protection.
If the Southampton occupant professes this security, which they must do within 28 days of obtaining a section 146 notification, the landowner must make a preliminary statement for the Hampshire court's authorisation before taking any other action.
These circumstances can be avoided if there is a relevant clause in the lease which enables the owner of the premises in Southampton to repossess and claim any costs of damages and costs incurred from debt.
The court process for forfeiture commences by bringing a request for possession in the county court in Hampshire.
Standard claim forms are required to be filled in, which in Southampton the landlord can now submit online in a couple of courts.
Moreover, the landlord has to provide the notice in the presence of the Solicitor to the tenant in Southampton.
It's the complex area of the law, therefore, you must take legal advice on this, otherwise you'd end up delaying your repossession in Marchwood, Hillyfields, or Eling if you made a mistake.
The tenant can make an application for forfeiture in a Hampshire court if certain terms are met.
Although the tenant does not have an automatic discretionary remedy available to the court, but if granted they may be able to continue to occupy the Southampton premises under the lease they already have.
The occupant in Southampton should make a request as soon as they collect a section 146 notification since they will be chastised if they are discovered to have delayed needlessly.
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