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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11751
Experience:  30 years as a practising solicitor.
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I have a commercial tenant who has refused to pay rent from

Resolved Question:

I have a commercial tenant who has refused to pay rent from the day they moved in 5 months ago and who until recently will only reply by text.
Despite 6 meeting arranged by them at times that they make they have failed to show up.
I recently found they have not changed the electric, water or telephone bills as assured they would are now running up those bills daily.
Am I within my rights to change the locks or disconnect the power, telephone, & water supply in my name.
I am now in debt due to this situation is there a letter I need to send them of my intentions.
Your help in this mater is greatly appreciated
Kind regards
Bryan
Submitted: 3 years ago.
Category: Law
Expert:  JGM replied 3 years ago.
Thank you for your question.
1. Write to the services companies yourself and advise of the current tenants. Enclose a copy of the lease.
2. Look at the lease. If there is a clause near the end consenting to registration "for preservation and execution" then you can ask sheriff officers to execute diligence on the strength of the lease, by way of arrestment, attachment etc.
3. If there is no such clause you will have to get your solicitor to serve an irritancy notice and raise ejection proceedings.
4. You could change the locks but the tenant could simply break back in. I know this sounds ludicrous where they haven't paid rent but this is a contractual matter and has to be dealt with under the law and the civil remedies available to you. Although if it was a tenant of mine I suspect I know the route I would take!
Happy to discuss further.
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