I took on a building a few years ago some of the businesses have a verbal tenancy (I am aware of the pitfalls but also benefits of this for a commercial only building)
so far I have agreed a nice friendly written lease with most of the tenants, to be honest as long as they pay the rent (or even most of the rent ) I am quite flexible.
I have one tenant who refuses to have a written tenant but was paying rent so i let it go. last few years he has been really bad at paying rent. His friends saved his business 2018/2019 the covid19 £10000 pay out saved his business last year and paid most of his rent arrears!. basically he took over a viable business he does a good job but has not advertised for many years. I have explained to him that new people no longer know where he is and his older customers are dying off and he needs to advertise and market him self.
I realize this is way outside normal landlord tenant relations.
My solicitor explained before the whole covid thing how to basically force him to have a written tenancy.
But my thoughts are now I should just serve him a months notice (covid ban permitting) saying if he does not pay the rent up to date and on time the tenancy will be at an end an he should move on set a date for a peaceable repossession lock the door on that day before he gets in and then serve him 1 months to remove his stuff or if he wants he can have a new tenancy but must clear all arrears and pay first quarter up front.
An older landlord I know has down this without the proper notice period (1 day) sold the tenants stuff and had no comeback. on the bases if the tenant came after him he has a receipt for what he got for the stuff and he could have that as a credit against the rent owned.
Basically I don’t want to put him in further debt but want the unit back so I can offer it to a business that won’t take the piss.
Has anyone got recent experience of peaceable repossessions obviously I have a bit of time to think about it as of the covid ban on evictions.
My preferred option would be for him to start running his business properly and stop sitting there waiting for work to come in like an employee that he started as.
His business should not really been affected too much by covid in fact he should probably be doing quite well from people stuck at home if only they new about him.
Am I being too soft or should I just instruct my debt collector to sort it out.