There could be a multitude reasons why commercial property owners in Telford could want to regain building possession, one of the most common reasons is broken lease terms by the tenant, for example, disrupting the neighbours, damaging the Telford property, failure to pay rent or leasing the property further without the tenants' knowledge.
Taking back possession of your property in Telford whilst a tenant is occupying it is under a term known as "forfeiture."
And, if there is a specific clause in the contract that requires you to do so, you can only void the lease.
The landlords powers are severely restricted if the commercial lease doesn't contain such a clause, therefore, you must mention it in all the commercial leases in Shropshire.
When you have legitimate reasons to forfeit in Telford, you can do this in two different ways:
Through this channel you enter the premises in Market Drayton, Shifnal, or Telford and change the locks.
This is a sensitive method because the tenant can file a 'relief from forfeiture' claim to the Shropshire court, if this is successful, the tenant will regain possession of the property in Telford and also request for a settlement for losses as a result of unfair removal from the property.
This technique is regarded the best and most effective in Telford albeit it expensive and requires more time to complete court hearings, you are advised to opt for this technique as your last chance.
The reasons filed for the repossession can also determine the direction of the eviction procedures.
If the tenant has failed to pay rent in Telford, then the landlord is not legally obliged to provide notice of the intention to forfeit the property; you can easily re-enter the property.
It is imperative that you don't give the tenant a reminder of the overdue rent in Telford, otherwise, you may lose your right to forfeit because of acknowledgement, and if that happens, you are at the mercy of the tenant because you are helpless until the tenant default on the next rent payment.
It's also recommended to leave a letter of repossession of the property on the door in Shifnal, Market Drayton, or Telford and to be accompanied with a witness such as a locksmith or solicitor.
In case of breaking any clause from the lease agreement section, 146 will be exercised before getting back possession of the Telford property.
Your solicitor should serve mortgagee, the tenant, and other subtenants, if possible in Shropshire.
The notice should give details regarding the violation in Telford and in case it requires remedial measures with a particular time-frame or reimbursement.
After the deadline is expired and no action is taken by the tenant then you can forfeit the agreement.
Additional rules in Telford extend on notifications relevant to fix violations.
You may be required to offer the tenant in Telford, Market Drayton, or Shifnal the chance to claim statutory protection in some cases.
If the tenant in Telford claims this protection within 28 days after receiving section 146 notice which he must do and the landlord cannot take any further action without having the Shropshire court's approval.
This claim can be avoided if there is a clause in the lease, which allows the landlord to claim back any costs or repair damage incurred from the tenant by entering the property in Telford.
The court forfeiture procedure begins by applying for possession in the county court in Shropshire.
You should fill in an ordinary claim form, which in Telford may be delivered online in certain courts.
The claim forms must then be served to the Telford tenant through your solicitor, within a strict time-frame.
This is a complex area of law, and any mistakes can delay your repossession in Telford, Market Drayton, or Shifnal and be costly, so you need to take legal advice.
If specific conditions are fulfilled, the tenant can submit an application for relief to the Shropshire court.
However, this does not mean that the tenant has an automatic right, it's a discretionary remedy that is available to a court and if the tenant is granted, it means they can continue living in the Telford property under the existing lease.
Immediately after receiving the section 146 notice, the Telford tenant should make the application or else will be given a penalty in case they are found to have played a delaying tactic unavoidably or intentionally.
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