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....
Does it have a right to renew in it?
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
Ok - what is your question of me then, as I am not too clear?
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?
He has no rights.
He has a tenancy at will.
If he refuses to leave then you can just instruct a certified bailiff
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?
That means he can be evicted
Or you may wish to prefer to get a Court Order for possession.
But regardless of whether or not you have a lease with the Landlord, he is still your tenant and you are his Landlord
You can evict.
so can i evict him now?
Yes but with a certified bailiff.
Can I clarify anything for you about this today please?
he is not living there he just has a room within my site so can i just change the locks?
he uses it as an office / store
You need to give written notice first and then a certified bailiff.
ok so whats the minimum notice
If he pays monthly then one month.
If he pays quarterly then 3 months.
Does this help?
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
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i have not finnished yet Alex
oh ok - I will be offline for about 20 min, then back on.
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...
Can i just clarify that:
1. he pays weekly rent so what is the minimum notice i have to give?
2 as it was a gentleman agreement and no written agreement - do i have to give notice in writing or can it be verbal?
3 do i have to use a certified bailiff or can i just change the locks when he leaves at night?
4 what rights do i have as the current documented tenant?
5 can my land lord just decide not to renew my lease and give it to my sub tenant?
1. 28 days
2. It should be written
3. Certified bailiff
4. You must give notice and use a bailiff otherwise he can seek a Court Order for relief
5. It is possible yes, but you can apply to Court for a renewal.
What rights do i have as the lease holder of 10 years?
It makes no difference.
so what notice do i get if i pay monthly even though i had the lease for so long...just one month?
You can ask the Court for a renewal or your lease allowed for that
it makes no difference? to what? what are my rights if they don't re-new my tenancy?
It makes no difference to your rights, whether you had been there for 3 or 10 years
Does that clarify?
so if my tenant still refuses to leave, even with a certified bailiff, then what?
They get evicted. That's it.
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
just checking out information on certified bailiffs
Ideally you should get a Court order for the avoidance of any problems.
But you can do this without.
they seem to to be for money issues rather than landlord related issues but still looking
Yes, at the Council we use them.
But we tend to get a possession order first and I would always recommend this.
Does this clarify?
the letter of notice - can it just be a simple letter or has it got to be a specific document with specific information?
No, just a simple letter. You need to be out by x date otherwise I will seek to evict you.
as i gave this chap verbal notice 6 months ago can i evict him now without written notice?
prob not but must ask
You can but really if it was me, I would make sure it was in writing
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
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
do i have to get him to sign this letter of eviction/termination? as he could just say de didnt recive it
No, you just need to serve it, ie post it and make sure you have proof of posting
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?
he owns a chain of estate agents...
You can apply to the Court for a lease renewal if your lease allows this, as I indicated earlier
yes you did but i thought perhaps i could/should do set things before going to court
i want to get this right
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
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.
Yes indeed. Even when you rate, the question remains open and you can come back at any time
ok thank you
No problem - all the best and please do take a moment to leave feedback before you go today
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?
Yes they can. This is because when you originally signed, your own Solicitor should have picked up on this
Hope that clarifies.
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?
No - he has a tenancy at will from you
Just as you have a tenancy at will from your Landlord
You can evict your sub tenant
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"
At will because you have expired.
But in any event that makes no difference.
You can evict your tenant
Do not get confused any other issue
oh yes i see
Bottom line - you can evict
But you should serve notice and use a bailiff as I have previously advised
Does that clarify
Please remember to rate my answer before you leave today
i will write the letter now and come back to you with the outcome..
Please do - remember once you rate the question does not close and you can come back at any time
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?
Makes no difference. He is a sub tenant on a commercial space
Please do take a moment to rate my answer before you go today
ok, good night, mail tomorrow
Good night and best of luck with this.
Please do remember to leave feedback before you go today.
I just need to clear a few things up.
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?
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?
so moving on - following your advice, notice was served using the bas
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?
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