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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi I run a premises that has had a tenant running the cafe

Customer Question

Hi I run a premises that has had a tenant running the cafe in there for 22 years. She does not pay rent,rates or electric bill and as we have had building for about 6 years she will not sign a contract to pay or refurbish the unit. We placed the unit up for tender and have choose to go with another company who is willing to do these things of refurbishment and open at times which work better for us. The current tenant says they have rights and we can't get her out .she did tender and wanted us to let her not pay for an thing and open when she wants. As a business this does not suit the progress and image we want. Please can u help by telling me how we go about removing her and what type of payout she may be Intitled to. Much appreciated mr lewis gray
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

AlexWatts2013 : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
AlexWatts2013 : Does your tenant have a lease and if so what does it say about re-entry or refurbishment please.?
Customer : Hi they do not have a lease or contract since we have took over the premises. We have just let her run it up till now as we have been busy running are normal business. It is only now that we are working smother and have had time to look at this area that we can get a better service for are clients that this has come up. We tried to give her a contract 3 years ago but she would not sign and like i said we did not chase as main core buisness was most important to us.
AlexWatts2013 : Did she have a contract previously?
Customer : If she does not contribute or have a contract with us does this mean she is not intitled to be there if we do not want her services there
Customer : Hi not with us as a company and from the looks of it not with the company before
AlexWatts2013 : Does she have any contract from the previous owner?
Customer : No she had one over 10 years ago but we or her have no record of it
Customer : That contract was with a company before the one who we bought premises from
AlexWatts2013 : And when did you purchase the property please?
Customer : About 6 - 7 years ago
Expert:  Ash replied 3 years ago.
I have changed to this as it may be easier. How frequently is your tenant late please?
Expert:  Ash replied 3 years ago.
You are not online and I see you wanted a fast response. If there is no contract your tenant has what is called a tenancy at will. This means that without a fixed term tenancy she does not have any real rights and they are limited. If there was a lease then contract rights would fall into play but that does not apply here. This means the tenancy can be terminated by either side. Therefore you can write to the tenant to give notice to quit. How much notice you give is up to you but I would consider 1-3 months to be reasonable. If the tenant does not leave then you can apply to the court for an order for possession, you can do this either online at https://www.possessionclaim.gov.uk/pcol/ or by completing form N5 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf and taking to to your local county court.

The court will then list the matter for hearing and decide whether possession should be given up. Bearing in mind she does not pay rent or have any form of contact, the Judge is likely to grant possession. If she still refuses to leave then you can intruct bailiffs to get her out.

Can I clarify anything for you about this please? Alex


Customer: replied 3 years ago.

Is there any legal info i will need to place in the mobths notice to her which will help my case if going to court? Many thanks for reply this time of night
Expert:  Ash replied 3 years ago.
No, it is a notice to quit under a tenancy at will. There is no legal rights here. Alex


Expert:  Ash replied 3 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.

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