Being a commercial landlord there can exist several reasons to have the possession of the Taunton property back and violation of agreement terms by the tenant is common like damaging the property in Taunton, having pending rents, creating problems for the neighbours assigning the premises to someone else without your approval/consent etc.
Taking back possession of your property in Taunton whilst a tenant is occupying it is under a term known as "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.
Without such a clause in the lease, then the landlord is prohibited by the law against evicting the commercial tenant in Somerset under no circumstance whatsoever.
Your power to forfeit in Taunton can be enforced via 2 methods:
This requires you to enter the premises in Hastings, Bridgwater, or Burnham-on-Sea effectively and change the locks.
This method poses more risk because the tenant may apply for relief from forfeiture in court in Somerset to regain possession as well as claiming compensation for any loss incurred due to wrongful removal in Taunton.
This is generally the preferred route in Taunton, although it can be costly and time-consuming, as with any court proceedings, and it should only be considered a last resort.
Usually, the often chosen will depend on the reason for forfeiting the tenant.
If non-payment of rent is the reason behind the eviction process in Taunton, you can re-enter the premises without notifying your tenant your decision to forfeit.
As a rule of thumb, the landlord must not do anything that could attract continuation of the tenancy in Taunton 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.
As a precaution, always leave a notice of repossession on the premises' door in Burnham-on-Sea, Hastings, or Bridgwater and be accompanied to the property by your solicitor or a locksmith as a witness.
Before repossession of a property in Taunton, landlords must first serve the tenant a Notice Section 146 prior to taking the premises' possession.
All parties, such as any mortgagee, subtenant and tenant in Somerset should be served the notice by your solicitor.
The reason for the serving must be included as well as if any remedial action within a given time of compensation of payment is needed in Taunton.
In case the breach hasn't been corrected or compensated as expected, you can move on to forfeit the lease.
There are other extra rules in Taunton related to repair violations.
In certain situations you may wish to propose to your renter in Hastings, Burnham-on-Sea, or Bridgwater the option to lay claim to statutory protection.
If the Taunton 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 Somerset court's authorisation before taking any other action.
In some cases where the lease has a clause that allows the landlord to rectify any defect and costs to be incurred by the tenant by entering the Taunton property, then it is not legally applicable.
The landlord can apply to the court by making an application of possession in the county court in Somerset.
There is a standard form for claims that will need to be completed which in Taunton may be submitted online in certain courts.
Moreover, the landlord has to provide the notice in the presence of the Solicitor to the tenant in Taunton.
However, this process is lengthy and can be very costly for the landlord, so you should always consult legal advice as this is a complex part of law and errors will slow the process in Bridgwater, Hastings, or Burnham-on-Sea.
The leaseholder may apply for forfeiting in court in Somerset in case certain conditions have been met.
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 Taunton under their existing lease if granted.
The occupant in Taunton 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 Taunton, 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.