There could be a multitude reasons why commercial property owners in Wiltshire 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 Wiltshire property, failure to pay rent or leasing the property further without the tenants' knowledge.
The professional name for retaining your property in Wiltshire from the occupation of a tenant is called 'forfeiture'.
However, the leaseholder may just forfeit the tenancy in case there exists a particular clause within the contract that allows them to act like so.
It's recommended that all leases of commercial property in Wiltshire include a forfeit clause because without one, your powers as the landlord are extremely limited.
You can exercise your right to forfeit a property in Wiltshire in two ways:
Here you can enter the premises in Chippenham, Trowbridge, or Salisbury and practically change the locks.
It is risky as you may be convicted to the penalty if your tenant applies to the court in Wiltshire for the relief and compensation and he can also take the possession back as a result of unlawful eviction in Wiltshire.
This technique is regarded the best and most effective in Wiltshire albeit it expensive and requires more time to complete court hearings, you are advised to opt for this technique as your last chance.
Consider the reason why you want to repossess the property when contemplating the ideal route to take.
For non-payment of the lease in Wiltshire, you're not expected to provide any information about your purpose to forfeit; you can just go ahead to repossess your property.
You don't have to do anything to recognize the tenancy's continuance in Wiltshire, 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 that you post a repossession note at the property door in Salisbury, Chippenham, or Trowbridge and have a friend to assist you, such as a locksmith or an attorney.
For any other violations, you must first perform a section 146 notification before you can take back the ownership of the building in Wiltshire.
This notice needs to be provided by your solicitor to everyone involved, including the landlord, the tenant, and subtenant in Wiltshire.
The status of the violation in Wiltshire needs to be clearly stated in the notice along with any compensation payment or corrective action required within a particular time period.
You can forfeit the lease if the breach is not rectified or reimbursed.
Additional rulings in Wiltshire are applied to notices that involve breaches in the failing to maintain property conditions.
The landlord will be required to offer the opportunity to the tenant in Salisbury, Trowbridge, or Chippenham where they may claim statutory protection.
The rule is that a tenant in Wiltshire seeking this claim must do so within 28 days of a Notice of Section 146 and the landlord must get a preliminary claim with the court in Wiltshire's consensus.
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 Wiltshire.
The process involving forfeiture begins with requesting for ownership from the regional court in Wiltshire.
Standard claim forms are required to be filled in, which in Wiltshire the landlord can now submit online in a couple of courts.
Thereafter, the forms should be delivered to the Wiltshire leaseholder by the lawyer within a given time-frame.
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 Chippenham, Salisbury, or Trowbridge.
For forfeiture, an application can be made in court in Wiltshire assuming particular conditions are met.
This is a discretionary relief, not an automatic right, and if granted, your tenant can continue to live in the premises in Wiltshire under their existing lease.
Immediately after receiving the section 146 notice, the Wiltshire 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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