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Landlords of commercial properties in Widnes have many reasons to evict their renters and tenants, and take back possession of their property, some of those reasons include being a nuisance to neighbours, not paying rent, subletting the premise without the landlord's permission, and damaging property in Widnes.
Forfeiture is when the ownership of your property in Widnes is regained by you as landlord after being occupied by a tenant.
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 Cheshire.
You can exercise your right to forfeit a property in Widnes in two ways:
This involves the ability for you to gain access to your premises in Allerton, Hale Bank, or Widnes and being able to change the locks.
This is a risky method as the tenant could later apply for assistance in court in Cheshire in order to retain possession of the property along with claiming any compensation for the way they were terminated in Widnes as it could have caused prospective loss.
This is the commonly preferred method in Widnes, 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 option you opt for depends on the reason for repossession.
When a tenant is no longer paying rent in Widnes, you can re-enter the premises, but you are not required to give any notice of your intention to forfeit.
You don't have to do anything to recognize the tenancy's continuance in Widnes, 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 is advised to drop a note of reclaiming on the entrance of the house in Widnes, Hale Bank, or Allerton and have a testifier to escort you, such as your solicitor or locksmith.
In case other terms have been broken, you will have to first give a section 146 notice prior to regaining possession of your Widnes premises.
All the interested parties in Cheshire, such as any tenant, subtenant, or mortgagee, must be delivered the notice by the solicitor.
It must include the type of violation and whether it can be corrected within a specific period in Widnes, or if a settlement must be made.
After the deadline is expired and no action is taken by the tenant then you can forfeit the agreement.
If the tenant broke any other lease terms in Widnes, there are other rules as specified by law.
In certain situations, you may be required to provide the tenant in Widnes, Allerton, or Hale Bank the chance to claim statutory protection.
In case the statutory protection is claimed, the tenant in Widnes must do this within 28 days of section 146 notice, the landlord has to take the Cheshire court's permission with a preliminary claim.
However, all of this can be avoided if a clause in the lease is included that entitles the landlord to go into the property in Widnes to check any damages to the area and claim any costs to the property from the tenant as debt.
The forfeiture process starts with an application to the county court in Cheshire for possession.
You should fill in an ordinary claim form, which in Widnes may be delivered online in certain courts.
Then, the claim forms will have to be sent to the Widnes tenant normally by the solicitor within a certain time frame.
You should always take legal advice on this since it's a complex section of law, mistakes can be costly and delay repossession efforts in Allerton, Hale Bank, or Widnes.
If specific conditions are fulfilled, the tenant can submit an application for relief to the Cheshire court.
This is a discretionary relief, not an automatic right, and if granted, your tenant can continue to live in the premises in Widnes under their existing lease.
As soon as the section 146 notice is delivered, the tenant in Widnes needs to make an application to the court because if they delayed the application unnecessarily, they will be penalized.
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