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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I have had a problem with the commercial tenants in the shop

Customer Question

I have had a problem with the commercial tenants in the shop below my mortgaged flat - the landlord has done nothing to protect us from anti social behaviour from the tenants of shop as he lives miles away and does not care. I have had my water cut off, my back gate removed and now trees cut down on the land which is registed to my address. The Tenants of shop are rogues and have been trying for 2 years to get me out of my property, I have had to call Police on several occassions, but now I give up. It appears the Tenants of shop have now bought the Freehold of property as whole??? They have Breached their Lease many times and seem to get away with it!!! What can I do ... is my old lease invalid. Please help

Many thanks
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Is there a reason you think your old lease may be invalid?
Customer: replied 3 years ago.


Yes, as old Landlord has sold the Freeholded to tenants of shop in 2013. The Tenants of shop were served Dilaps in 2011. My Lease was never in my name in first place and incorrect date.


 


And as regards XXXXX XXXXX been invalid - the shop tenants have breached on so many occassions - seems my lease is worthless.


 


Customer: replied 3 years ago.

yes, as ex landlord has breached his own lease by allowing the behaviour of tenants to continue. They have cut off our water etc .... my lease states ....... "the common parts" means all main entrances, landings, garden gates, and othe areas included in the title and not subject to any lease or tenancy to which the landlords are entitld to the reversion??
Why did the Landlord do nothing???? I made my complaint to him quite clearly.


 


The shop was served dilaps in 2011 - no reparis have been done. Why is the tenants still in shop and now a leaseholder??


 


 

Customer: replied 3 years ago.

Because the ex landlord has sold the commercial shop plus freehold of property to the rogue tenants??

Expert:  Stuart J replied 3 years ago.
So do the "rogue tenants" now own freehold of yr flat also?
Customer: replied 3 years ago.


im not sure Law, I have received no legal documents from these people. I bought my flat as private residential 20 years ago. The shop obviously is commercial. I have a Solicitor looking at all my documents, I am looking for advice from all angles. Many thanks

Expert:  Stuart J replied 3 years ago.




I am going to opt out of this for another
expert. The thread will now open to all experts. There is no need for you to do
anything and please don't not reply otherwise it comes back into my inbox.
Another expert, with the suitable expertise, will be along shortly.

Regards



Customer: replied 3 years ago.


I am still awaiting another experts advice and look forward to hearing from someone soon.


 


Many thanks


 


Caroline

Expert:  Nicola-mod replied 3 years ago.
Hello Caroline,

We are continuing to look for someone to assist you.

Thank you for your patience,
Nicola
Expert:  Ash replied 3 years ago.
How do you know they now own your property too?
Customer: replied 3 years ago.


I am buying my flat as I pay mortgage not rent. The ex tenants now landlord have bought the Freehold apparently. What are my rights please.


 


This is a minefield to me at the moment and all help and guidance much appreciated.


 


Many thanks


Caroline

Expert:  Ash replied 3 years ago.
You own a lease then, is that right?
Customer: replied 3 years ago.


Yes Alex although it is not in my name and has the incorrect date on it. Does this matter, I have heard of peppercorn.


It is a 99 year lease.

Expert:  Ash replied 3 years ago.
Thank you. When you say what are your rights, in what way specifcally?
Expert:  Nicola-mod replied 3 years ago.

Hello,

Just a quick reminder, there is an information request here from the Expert. This means they need to know more details before they will be able to give you a full answer.

Thank you,
Nicola

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