Hi everybody, we have just joined this forum, and are looking for some advice with our commercial tenant, who’s lease expires in November 2020, we only have one property, and have been renting it for the last few years, as we were using it ourselves before that, the first year was fine, but the second year hasn’t been so good, we need some advice on removing landlord tenant 54, from what we think is a full insuring repairing lease, can this just be taken out, remove it? delete it? or do we need to add? or take something else out as well? our main reasons for this is, the tenant is unresponsive, until they want to talk about something they want, late rent payments, he has only paid once on time this year, we asked for access, but he doesn’t reply, he needed to pay the insurance for the shop, but only paid half of it, we foolishly. didn’t get references, or a guarantor or a deposit, or a credit check, we know he is a genuine business, not doing anything illegal, we need to carry out work, wire checking, also general inspections, but he doesn’t ever reply, and blaming his staff for the rent not being paid, and trying to get me to contact them, i told his staff, that it’s his name on the lease, he is responsible, not you the reason we want the Landlord tenant act taken out, so it will make it easier for us to not renew his lease,as we feel there is now a pattern emerging, and a comment he made to my Daughter, that it’s only her he has to worry about, seems there is no respect there, we intend to serve him 3 months notice, 30 of September, but the Landlord tenant act leave us open for him to renew, weather we like it or not, and maybe court fees, he’s not paid us any rent from the 1st of April, so June the 1st, that will be three months owing, we checked his company on Companies house, and he seems to have liquidated his companies around every two years, so this is another worry, he won’t pay at all, and not entirely sure what we need to do after June the 1st, if he hasn’t paid, we have only contacted him in regards to the present crisis, as he needed a copy of the lease to give to the council for him to claim the government loan, he said he would pay a couple of months upfront, which he hasn’t, and then pay the rest when he has the loan. any help and advice would be great in this minefield.
dont do anything to help him get any money under the goverment rules. He will get the money, not pay you anything and scarper. See a commercial solicitor to get him out
Thanks for the reply Colin3, we don’t have the money to pay for a commercial solicitor, part of the reason we are on here asking for this information, just for one to look at the lease and send a letter, we were quoted £550 plus vat, under instruction, then the’ll do what they think, and it could run into thousands. it was a commercial solicitor that got us into this mess partly by adding the 54 act, as we knew nothing of what it meant at the time, he used his conscience of what he said was being fair to both parties, that lease cost us £2000, and then he wanted us to let the tenant go, as they couldn’t make their business work, then expected us to pay for that, absolute joke.
He has asked for a copy of the lease? That means he has not got a copy? you have the whip hand , Do NOT give him one. Sounds like you have had advice/ quote from a dodgey solicitor. Surely if his company goes bust that is the end of the lease? I rent out 4 commercial places one of them a few years ago was not paying the electric bill, I toldhim I will be in on friday and you will be out . You have to be bold. He was out on friday and he had paid his rent! Sounds like you have to try a solicitor who is not as greedy If he is not paying rent he can be evicted anyway
I gave him a paper copy of the lease for both years that he had signed for, he only wanted a copy of the lease for 2018, which i had on PDF file format, so sent him that copy, before i come on here and asked for advice, he said without it, he couldn’t pay me, he may choose for it to go bust when it suits him, which will be when he’s got away with not paying rent, the reason i asked, what would be best for me to do after the 1st of june? if he hasn’t paid, do i leave him to get the money off the council? or start proceedings to evict him? after the 1st of june, he doesn’t reply to anything i send him, so it’s always going to be difficult, and yes i would imagine if he does go bust, it would be the end of the lease, i would give him, or offer him another one, i’ll have to contact a solicitor Tomorrow, and find out prices for my area, i have been bold with him and told him straight at times, he does seem cooperative for w while, then no communication, i’m the type of like to know where i’m going and stand all the time, keep things simple.
Hi, i am looking for more help in my matter as it’s moved on from the original scenario the tenant gave me three months notice to quit which we accepted but he didn’t do this via a section 26 and now he says he didn’t give his notice which we have am email saying he’s giving 3 months from the date of this email which was 23 of October 2020 and was due to leave 23rd Of January is now asking us to give him a section 25 which gives him 3 months to leave i have spoken to BLA and have been told that i only have to serve him 3 months notice to quit but i forgot to tell them that the notice he gave wasn’t with a section 26 or any other notice which we weren’t aware of at the time any help please and if anybody knows where i can obtain a notice to quite commercial property would be very helpful thank you so much