If you are the landlord of a commercial property in Wigan, there are countless reasons why you would want to regain the possession of your property, the most common reason is when a tenant violates their rental agreement, such as inadequate maintenance of the Wigan property, constituting a nuisance to other properties around, subleasing the property without your permission, or even owing rents.
Taking possession of your property in Wigan is considered' forfeiture' while used by a resident.
However, forfeiture is only possible if there is a specific clause in the lease, enabling you to 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.
With the forfeit right in Wigan, you can do these things:
This is whereby you enter the property in Skelmersdale, Wigan, or Ashton-in-Makerfield and replace the locks.
This is a sensitive method because the tenant can file a 'relief from forfeiture' claim to the Greater Manchester court, if this is successful, the tenant will regain possession of the property in Wigan and also request for a settlement for losses as a result of unfair removal from the property.
This is the most favourable way in Wigan, even though the proceedings take undue time and are costly, but this route is advised as the last resort.
The option you opt for depends on the reason for repossession.
In case of pending dues in Wigan, you can simply enter the premises and you don't need to serve a notice of forfeiture to the tenant.
You must not perform anything to admit the continuation of the occupancy in Wigan, such as prompt the occupant of any outstanding lease, as this may result to the disclaimer of your right to forfeit and you will have to stay till the subsequent lease fee is skipped.
However, it's advisable to leave a notice of repossession on the door in Wigan, Skelmersdale, or Ashton-in-Makerfield and have a witness such as your solicitor accompany you.
Notice 146 must be served before repossession of premises in Wigan if there are any other violations by the tenant.
All parties, such as any mortgagee, subtenant and tenant in Greater Manchester should be served the notice by your solicitor.
The notice should state the kind of breach in Wigan and if it can be resolved within a given time or compensation payment.
If the violation has not be rectified or reimbursed as stated, you may move on with your forfeiture plans of the tenancy.
If the tenant broke any other lease terms in Wigan, there are other rules as specified by law.
In certain situations, the landlord may be required to provide the tenant in Skelmersdale, Ashton-in-Makerfield, or Wigan with statutory protection.
If the Wigan 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 Greater Manchester court's authorisation before taking any other action.
The landowner may evade this in case the tenancy contains a clause allowing them to move into the Wigan premises to rectify any damages and later on ask for reimbursement of the incurred expenses from the tenant in terms of a debt.
The process involving forfeiture begins with requesting for ownership from the regional court in Greater Manchester.
Standard claim forms are required to be filled in, which in Wigan the landlord can now submit online in a couple of courts.
The Wigan tenant must be served the claim forms by your solicitor within a stipulated timeframe.
Since this is a very complex process, seek professional advice from your solicitor to avoid making costly mistakes that can equally prolong the repossession period in Ashton-in-Makerfield, Wigan, or Skelmersdale.
Relief from forfeiture can be applied for by the tenant to Greater Manchester court when certain conditions have been achieved.
This is a discretionary relief, not an automatic right, and if granted, your tenant can continue to live in the premises in Wigan under their existing lease.
The occupant in Wigan 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.
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