As a commercial premise property owner in Sunderland there are a lot of reasons for the need to repossess your property, the common one being when your tenant breaches their tenancy terms; such as failure to pay rent, not keeping the premise in Sunderland in good condition by repairing them, being annoying to fellow tenants or assigning or subletting the premise without your permission.
You can take back the possession of the property in Sunderland 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.
All commercial rents in Tyne and Wear should include such a sentence as without it your authority as the owner is hardly restrained.
Your power to forfeit in Sunderland can be enforced via 2 methods:
This involves the landlord entering the property in Cleadon, Seaham, or Peterlee and physically changing the locks.
This method poses more risk because the tenant may apply for relief from forfeiture in court in Tyne and Wear to regain possession as well as claiming compensation for any loss incurred due to wrongful removal in Sunderland.
This technique is regarded the best and most effective in Sunderland albeit it expensive and requires more time to complete court hearings, you are advised to opt for this technique as your last chance.
The reason for the repossession helps with choosing the right route.
When there is non-payment of rent in Sunderland, you may not have to inform the tenant of forfeiture because you can simply re-enter the premises and take possession.
As a rule of thumb, the landlord must not do anything that could attract continuation of the tenancy in Sunderland 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.
You can simply leave a notice of repossession on the door of the property in Peterlee, Cleadon, or Seaham and don't forget to bring a witness with you, a solicitor or a locksmith.
In case of breaking any clause from the lease agreement section, 146 will be exercised before getting back possession of the Sunderland property.
This notice needs to be provided by your solicitor to everyone involved, including the landlord, the tenant, and subtenant in Tyne and Wear.
It must include the type of violation and whether it can be corrected within a specific period in Sunderland, or if a settlement must be made.
The landlord can only proceed with the forfeiture of the lease if the breach wasn't remedied at the given time.
If the tenant broke any other lease terms in Sunderland, there are other rules as specified by law.
For instance, some cases require that the tenant in Cleadon, Peterlee, or Seaham is allowed to claim statutory protection.
When the tenant in Sunderland 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 Tyne and Wear before taking any further action.
This can be exceptional only if the agreement includes a clause about entering the premises in Sunderland for repairing any fault at premises and claim the costs of the repair from the tenant as a debt.
This process begins with the landlord making an application for possession of the property within the county court in Tyne and Wear.
The landlord must complete standard claim forms where in some courts, in Sunderland the forms of submission can be done online.
The claim forms must then be served within a strict time frame on the tenant in Sunderland, usually by your solicitor.
This being an area of law that is complex, any delay mistake may be costly and repossession in Seaham, Cleadon, or Peterlee delayed, so it is advised to always seek legal advice.
The tenant can try to get relief from forfeiture by applying to the Tyne and Wear court if certain conditions are met.
However, the tenant doesn't have an automatic right to get the relief and the court will decide whether they deserve the relief, but they will be able to occupy the Sunderland premises if the court grants them some relief.
Immediately when a section 146 notice is served to the Sunderland tenant, they should apply because there are penalties when there is any delay in applying without a justified reason.
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