113 Sycamore Field
0800 246 1381
As a landlord of commercial property in Weston Super Mare, there are many grounds why you may want to take back custody of your premises, the most prominent being where the tenant is in default of their conditions of lease; such as not paying rent, not maintaining the Weston Super Mare premises in good repair, being a hazard to neighbours or transferring or subordinating the premises without your permission.
Forfeiture implies taking back your premises in Weston Super Mare as the owner once an occupant has rented it.
You need to add a clause in your lease agreement to let you forfeit the lease.
Inclusion of such class in the agreement is strongly recommended to include these clauses in all Somerset commercial leases as lack of such a clause can restrict your powers.
You can exercise your right to forfeit a property in Weston Super Mare in two ways:
Through this channel you enter the premises in Hythe, Cheddar, or Weston-super-Mare and change the locks.
To be more risky it is considered as your tenants could choose to go to court in Somerset for 'relief forfeiture', and where the tenant claims compensation for incurred losses and repossesses as a result from eviction in Weston Super Mare that is wrongful.
This is mostly the preferred path in Weston Super Mare though, as with any judiciary proceedings, it can be expensive and long so should only be evaluated as a final resort.
The reason for the repossession helps with choosing the right route.
When a tenant is no longer paying rent in Weston Super Mare, you can re-enter the premises, but you are not required to give any notice of your intention to forfeit.
You don't need to acknowledge the continuance of the tenancy in Weston Super Mare, such as reminds the tenant of any overdue rent as this can mean your forfeit your rights and must wait until the next missed payment to take action.
It is advised that you post a repossession note at the property door in Weston-super-Mare, Hythe, or Cheddar and have a friend to assist you, such as a locksmith or an attorney.
It would help if you first served a section 146 notice for any other breaches before you can take possession of the property in Weston Super Mare.
Your solicitor has to serve the notice to all parties involved such as any subtenant, any mortgagee and the tenant in Somerset.
This notice will specify the remedial majors in Weston Super Mare or the compensation that needs to be done for breaking any clause.
In case the breach hasn't been corrected or compensated as expected, you can move on to forfeit the lease.
When a breach of repair is involved, other rules must be taken into consideration in Weston Super Mare.
For instance, some cases require that the tenant in Cheddar, Weston-super-Mare, or Hythe is allowed to claim statutory protection.
This protection needs to be sought by the Weston Super Mare tenant within the stipulated 28 days of receiving the Section 146 notice, it is mandatory that the landlord make a preliminary claim for permission from the court in Somerset before making any further moves.
This can be exceptional only if the agreement includes a clause about entering the premises in Weston Super Mare for repairing any fault at premises and claim the costs of the repair from the tenant as a debt.
The landlord can apply to the court by making an application of possession in the county court in Somerset.
It is necessary to complete standard claim forms, which in Weston Super Mare can now be submitted online in some courts.
The tenants in Weston Super Mare must be served with the claim form within the given time frame.
You should get legal advice as this area of law is tricky and mistakes on your part can delay the process in Cheddar, Weston-super-Mare, or Hythe, as well as it being lengthy and costly.
If specific conditions are fulfilled, the tenant can submit an application for relief to the Somerset court.
The occupant doesn't possess an automated right yet; this is an optional solution accessible to the court, but if approved, they may be able to proceed to inhabit the building in Weston Super Mare under their occurring rent.
The tenant in Weston Super Mare will have to make the application as soon as the Section 146 Notice was received as delaying without a justified reason can result in penalties.
Based in Weston Super Mare, 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.