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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I lease a premises and as a gentlemans agreement I have let

Customer Question

I lease a premises and as a gentleman's agreement I have let another business use a part of my premise for the last year. I have given them 6 moths notice to leave and I reminded them today that they need to be gone by the end of feb - to which they replied that they had every right to stay and that they intended to take the premises off me - what legal rights do both parties have? no contracts have ever been drawn up
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is there anything at all in writing please
Alex Watts : On what basis do they think they can stay?
JACUSTOMER-x2rw4vgy- :

Hello Alex<

Alex Watts :

Hello

JACUSTOMER-x2rw4vgy- :

First off thank you for taking the time to reply it is much appreciated. I have had a lease agreement in place with my land lord for over 10 years now but 3 months ago it ran out and although the estate agent dealing with the re-newel have agreed to re-new the lease, they have not done so yet (i am chasing them for it) so hold that info for a min....

Alex Watts :

Does it have a right to renew in it?

JACUSTOMER-x2rw4vgy- :

my actual problem is i sub let a small area of my premises to another chap who has now been there for 15 months. The agreement was a verbal one and at no point has anything been given in writing. He pays rent by cash. i gave him verbal notice

Alex Watts :

Ok - what is your question of me then, as I am not too clear?

JACUSTOMER-x2rw4vgy- :

my question is - i haver given him notice 6 months ago verbal and i have now insisted he must go by the end of feb - he has told me he has "rights and i cant make him leave? is that so?

Alex Watts :

Oh yes.

Alex Watts :

He has no rights.

Alex Watts :

He has a tenancy at will.

Alex Watts :

If he refuses to leave then you can just instruct a certified bailiff

JACUSTOMER-x2rw4vgy- :

Also he has found out my lease has ended and i am waiting for a re-newal and has said he will take it over and throw me out?

Alex Watts :

That means he can be evicted

Alex Watts :

Or you may wish to prefer to get a Court Order for possession.

Alex Watts :

But regardless of whether or not you have a lease with the Landlord, he is still your tenant and you are his Landlord

Alex Watts :

You can evict.

JACUSTOMER-x2rw4vgy- :

so can i evict him now?

Alex Watts :

Yes but with a certified bailiff.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-x2rw4vgy- :

he is not living there he just has a room within my site so can i just change the locks?

JACUSTOMER-x2rw4vgy- :

he uses it as an office / store

Alex Watts :

You need to give written notice first and then a certified bailiff.

JACUSTOMER-x2rw4vgy- :

ok so whats the minimum notice

Alex Watts :

If he pays monthly then one month.

Alex Watts :

If he pays quarterly then 3 months.

JACUSTOMER-x2rw4vgy- :

no weekly

Alex Watts :

1 month

Alex Watts :

Does this help?

JACUSTOMER-x2rw4vgy- :

yes thank you and i will look into the bailiff but my other concern is if he can get in and take over the lease

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-x2rw4vgy- :

i have not finnished yet Alex

Alex Watts :

oh ok - I will be offline for about 20 min, then back on.

JACUSTOMER-x2rw4vgy- :

Ok as i was saying, he has threaten to get the lease from under me so can he do this as i haven't had my new lease signed and approved yet? What rights do i have as the lease holder of 10 years? can i be evicted or do they have to offer it to me first? i am desperatly trying to get hold of my new lease but to no avail as yet...

JACUSTOMER-x2rw4vgy- :

Can i just clarify that:

JACUSTOMER-x2rw4vgy- :

1. he pays weekly rent so what is the minimum notice i have to give?

JACUSTOMER-x2rw4vgy- :

2 as it was a gentleman agreement and no written agreement - do i have to give notice in writing or can it be verbal?

JACUSTOMER-x2rw4vgy- :

3 do i have to use a certified bailiff or can i just change the locks when he leaves at night?

JACUSTOMER-x2rw4vgy- :

4 what rights do i have as the current documented tenant?

JACUSTOMER-x2rw4vgy- :

5 can my land lord just decide not to renew my lease and give it to my sub tenant?

Alex Watts :

1. 28 days

Alex Watts :

2. It should be written

Alex Watts :

3. Certified bailiff

Alex Watts :

4. You must give notice and use a bailiff otherwise he can seek a Court Order for relief

Alex Watts :

5. It is possible yes, but you can apply to Court for a renewal.

Alex Watts :

Does this help?

JACUSTOMER-x2rw4vgy- :

What rights do i have as the lease holder of 10 years?

Alex Watts :

It makes no difference.

JACUSTOMER-x2rw4vgy- :

so what notice do i get if i pay monthly even though i had the lease for so long...just one month?

Alex Watts :

You can ask the Court for a renewal or your lease allowed for that

JACUSTOMER-x2rw4vgy- :

it makes no difference? to what? what are my rights if they don't re-new my tenancy?

Alex Watts :

It makes no difference to your rights, whether you had been there for 3 or 10 years

Alex Watts :

Does that clarify?

JACUSTOMER-x2rw4vgy- :

so if my tenant still refuses to leave, even with a certified bailiff, then what?

JACUSTOMER-x2rw4vgy- :

#

Alex Watts :

They get evicted. That's it.

Alex Watts :

If your lease isn't renewed then you can apply to the court for a renewal, if there is a clause for renewal in the lease

JACUSTOMER-x2rw4vgy- :

just checking out information on certified bailiffs

Alex Watts :

Ok

Alex Watts :

Ideally you should get a Court order for the avoidance of any problems.

Alex Watts :

But you can do this without.

JACUSTOMER-x2rw4vgy- :

they seem to to be for money issues rather than landlord related issues but still looking

Alex Watts :

Yes, at the Council we use them.

Alex Watts :

But we tend to get a possession order first and I would always recommend this.

Alex Watts :

Does this clarify?

JACUSTOMER-x2rw4vgy- :

the letter of notice - can it just be a simple letter or has it got to be a specific document with specific information?

Alex Watts :

No, just a simple letter. You need to be out by x date otherwise I will seek to evict you.

Alex Watts :

That's it

JACUSTOMER-x2rw4vgy- :

as i gave this chap verbal notice 6 months ago can i evict him now without written notice?

JACUSTOMER-x2rw4vgy- :

prob not but must ask

Alex Watts :

You can but really if it was me, I would make sure it was in writing

JACUSTOMER-x2rw4vgy- :

ok just thinking that if he leaves sooner rather than in a months time i feel kie hes gone and less likely to get the lease from under me

Alex Watts :

Ok - all I can do is advise what I would do. Its a matter for you whether you evict now, but I would given written notice

JACUSTOMER-x2rw4vgy- :

do i have to get him to sign this letter of eviction/termination? as he could just say de didnt recive it

Alex Watts :

No, you just need to serve it, ie post it and make sure you have proof of posting

JACUSTOMER-x2rw4vgy- :

ok and as for mt land lord, as hes not responding to my calls regarding my renewal what legal things do i have to do?

JACUSTOMER-x2rw4vgy- :

he owns a chain of estate agents...

Alex Watts :

You can apply to the Court for a lease renewal if your lease allows this, as I indicated earlier

Alex Watts :

Does this help?

JACUSTOMER-x2rw4vgy- :

yes you did but i thought perhaps i could/should do set things before going to court

JACUSTOMER-x2rw4vgy- :

i want to get this right

Alex Watts :

Sadly there is no, unless you just say to the Landlord/agent - you either give me a new lease by 14 days or I will issue proceedings and go to Court

Alex Watts :

Does this help?

JACUSTOMER-x2rw4vgy- :

yes

Alex Watts :

Great.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-x2rw4vgy- :

i just need some time to contemplate what has been said ok just to make sure i understand and have all the information i need.

Alex Watts :

Yes indeed. Even when you rate, the question remains open and you can come back at any time

JACUSTOMER-x2rw4vgy- :

ok thank you

Alex Watts :

No problem - all the best and please do take a moment to leave feedback before you go today

JACUSTOMER-x2rw4vgy- :

what happens if my lease dont have a right to renew in it? they just dont have to renew and i get a months notice?

Alex Watts :

Yes they can. This is because when you originally signed, your own Solicitor should have picked up on this

Alex Watts :

Hope that clarifies.

JACUSTOMER-x2rw4vgy- :

Hi Alex, iv'e been looking on the net and found a forum talking about this type of case... this chap has commented on the fact that as my lease has expired, i technically am not the lease holder so cant evict my sub tenant? you have not mentioned anything about this - is it true?

Alex Watts :

No - he has a tenancy at will from you

Alex Watts :

Just as you have a tenancy at will from your Landlord

Alex Watts :

You can evict your sub tenant

JACUSTOMER-x2rw4vgy- :

i thought a tenant on a verbal agreement was "at will" and as i have a written agreement i was not at will - sorry i obviously havent quite grasped this understanding of "at will"

Alex Watts :

At will because you have expired.

Alex Watts :

But in any event that makes no difference.

Alex Watts :

You can evict your tenant

Alex Watts :

Do not get confused any other issue

JACUSTOMER-x2rw4vgy- :

oh yes i see

Alex Watts :

Bottom line - you can evict

Alex Watts :

But you should serve notice and use a bailiff as I have previously advised

Alex Watts :

Does that clarify

JACUSTOMER-x2rw4vgy- :

ok thanks

Alex Watts :

Please remember to rate my answer before you leave today

JACUSTOMER-x2rw4vgy- :

i will write the letter now and come back to you with the outcome..

Alex Watts :

Please do - remember once you rate the question does not close and you can come back at any time

JACUSTOMER-x2rw4vgy- :

just out of interest, this chap does not have sole occupancy of the area as i use it at night so he only has it from 9-6 will that make any difference to the case?

Alex Watts :

Makes no difference. He is a sub tenant on a commercial space

Alex Watts :

Please do take a moment to rate my answer before you go today

JACUSTOMER-x2rw4vgy- :

ok, good night, mail tomorrow

Alex Watts :

Good night and best of luck with this.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Please do remember to leave feedback before you go today.

JACUSTOMER-x2rw4vgy- :

Hi again,

JACUSTOMER-x2rw4vgy- :

I just need to clear a few things up.

JACUSTOMER-x2rw4vgy- :

I served notice as discussed to the other person. he, predictably, was unhappy. a week has gone by and he is now apparently building a case against me for loss of earnings as he is saying that I have put some of my cars on the forecourt(I did, at his suggestion when I gave him his first notice 6 months ago) nothing was ever written down. so what should I do now?

JACUSTOMER-x2rw4vgy- :

hi Alex, I am a little concerned that you have not replied to my previous e mail - i was under the impression that this facility would remain open until i had completed my investigations?

JACUSTOMER-x2rw4vgy- :

so moving on - following your advice, notice was served using the bas

JACUSTOMER-x2rw4vgy- :

basic information that you gave - ie - it stipulated a date for him to be out by etc - so i have now received a letter from his solicitor stating that he has a right to tenure as he has been there for over a year - you never mentioned this - is it so and if so - what do i need to do?

JACUSTOMER-x2rw4vgy- :

i would like a response to my previous enquieries before i rate your service. I have now also been warned taht the other person is about to send me a letter via his solicitor that i am going to be asked to remove my cars from the section of the forecourt that i still operate - and that he has every right to do so - so, as you can see - i really need your input rather than your silence. I am also worried taht his solicitor's letter states that under the landlord and tennants act of 1954, that i have wrongfully given him a month's notice - AS YOU SUGGESTED I DO, and that i should have given him 6 months - so i would like yopur view in respect of this