There are several reasons why landlords of commercial properties in Stockport may wish to regain possession of their buildings, the common reason is when the tenant breaks terms of the lease, for example, causing disturbance to neighbours, destroying the Stockport property, assigning the property to someone else without your knowledge or not paying rent.
Forfeiture is the process of taking back ownership of your premises in Stockport when held by a tenant.
Nevertheless, the lease can only be given up by the tenant if the agreement states a particular clause which lets them do so.
It is advisable to contain such a clause for all commercial leases in Greater Manchester as your powers as a landlord will be severely restricted without it.
There are two ways to use the right of forfeiture in Stockport:
You as a landlord can take back their properties in Wilmslow, Stockport, or Macclesfield by changing the locks.
However, it's considered risky because the tenant can take back possession with a 'relief from forfeiture' claim in Greater Manchester court and claims compensation for losses incurred if they were wrongfully evicted in Stockport.
This is often the most preferred option in Stockport, but, as like with most court processes, it may turn out to be costly and take up a lot of time.
The route you opt to take most of the times depends on the reason for the repossession.
When there is non-payment of rent in Stockport, you may not have to inform the tenant of forfeiture because you can simply re-enter the premises and take possession.
You don't have to do anything to recognize the tenancy's continuance in Stockport, such as informing the owner of any outstanding payment, as this may equate to a denial of your ability to forfeit and you'll have to wait until the next rent is skipped.
It's also recommended to leave a letter of repossession of the property on the door in Wilmslow, Macclesfield, or Stockport and to be accompanied with a witness such as a locksmith or solicitor.
In the event that other agreements have been violated, first of all, you may have to serve Sec. 146 notice before taking back ownership of your property in Stockport.
Your solicitor must serve the notice to all interested parties, including the tenant, any subtenant, and any mortgagee in Greater Manchester.
The notice has to state the status of the breach in Stockport and if it needs corrective action within a certain period of time or compensation payment.
After the deadline is expired and no action is taken by the tenant then you can forfeit the agreement.
There are extra laws in Stockport that apply for notices relating to breaches of repair.
There have been cases in which the landlord is required to offer the tenant in Wilmslow, Macclesfield, or Stockport the chance to claim for statutory protection.
If the Stockport tenant decides to do this, which must be done within 28 days of receiving the 146 notice, then the landlord must make a preliminary claim to the court in Greater Manchester before any other actions can progress.
The landlord can avoid this if the lease has a clause that permits them to enter the property in Stockport to correct any repair defect and then claim the costs incurred from the occupier as debt.
For the possession, through the court, you have to file an application in the county court in Greater Manchester.
It is necessary to complete standard claim forms, which in Stockport can now be submitted online in some courts.
The tenants in Stockport must be served with the claim form within the given time frame.
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 Stockport, Wilmslow, or Macclesfield if you made a mistake.
Under some conditions, your tenant has the right to apply for relief from forfeiture from the court in Greater Manchester.
However, the tenant does not have an automatic right; this is a discretionary remedy available to the court, but they may still be able to occupy the premises in Stockport under their existing lease if granted.
The occupant in Stockport will submit as soon as they receive a notification of section 146 because if they are found to have excessively hesitated, they will be penalized.
Based in Stockport, 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.