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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a lease that I rent out to an ex business partner who

Customer Question

I have a lease that I rent out to an ex business partner who is now behind in rent by £5400 but I am instructed by a solicitor that the lease does not give me the right to re-enter the property even though the contract actually says I can.
I need someone to look at the contract and tell me if I am legally allowed to instruct bailiffs without the worry of me facing a legal claim and possible jail time if a judge suggests that I have caused losses to this business.
I get the feeling my solicitor sees me as a gravy train and it concerns me deeply.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** 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. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Why wont you issue proceedings for possession instead please?

Customer:

because I am broke

Customer:

I have spent over £25000 in legal fees already with the disputes I have with these people

Customer:

we have spoken before and you gave me advice but I now have the full contract of rental and wanted to know if it allowed me to instruct bailifs

Customer:

we sent them a letter from my accountant with the bill correctly set out

Customer:

they replied through a solicitor saying I was simply trying to commit vat fraud

Alex Watts :

On what basis is the Solicitor saying you can't re-enter when it says you can please?

Customer:

its laughable

Customer:

the solicitior is simply saying that the contract I have is badly worded and doesn't absolutely give me the right to enter

Customer:

although when I read it, it does

Alex Watts :

Can you attach it here?

Customer:

yes

Alex Watts :

ok

Customer:

did that work ?

Alex Watts :

Yes hold on

Alex Watts :

I agree with the Solicitor

Alex Watts :

It only says you can go in and take goods

Alex Watts :

It does not say the lease can be forfeit for default.

Alex Watts :

It is poor drafting

Alex Watts :

So what you do need is a Court Order

Customer:

but this costs thousands

Customer:

and I just cant afford it

Alex Watts :

But it costs £280 to issue proceedings

Alex Watts :

You can do this yourself

Alex Watts :

You dont need a Solicitor

Customer:

they already owe me £130,000

Alex Watts :

You just issue and say what what due, when it was due and the fact it has not been paid

Alex Watts :

The Court will then list the matter for hearing and decide whether o give possession

Alex Watts :

But based on the current document - no you can not

Customer:

like a small claims ?

Alex Watts :

So Court possession is the ONLY way

Alex Watts :

Similar, but not the same

Alex Watts :

If you lose then potentially you are liable for costs of the other side

Alex Watts :

Can I clarify anything for you?

Customer:

so is there a specific action I need to take ?

Customer:

like a specific court action

Customer:

what type of claim etc

Alex Watts :

Possession proceedings

Alex Watts :

Form N5

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf

Alex Watts :

The Court issues it and it is sent to the other side

Alex Watts :

They can file a defence

Customer:

they have commited loads of breaches

Alex Watts :

The matter is then listed in Court and a Judge will decide whether to give possession there or set it down for a final hearing and giving directions

Customer:

payment is only one

Alex Watts :

You need to detail everything

Customer:

ok, thank you

Alex Watts :

Can I clarify anything else for you?

Customer:

no thank you.

Customer:

I appreciate your time

Alex Watts :

Happy to help

Alex Watts :

If I could invite you to rate my answer before you go

Alex Watts :

If the system wont let you or you need more help please click reply

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/

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