How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

We are a commercial landlord. One of our larger tenants keeps

Resolved Question:

We are a commercial landlord. One of our larger tenants keeps causing damage to the communal areas by incorrect use of trolleys. They also leave large pallets in the communal walkways and are using the communal loading bay and walkways as storage. We have repeatedly asked them to move the pallets and keep the areas clear.
Can we impose a penalty system which applies to the communal areas if they breach health & Safety or use treat it as unauthorised/unpaid storage
Thank you
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.
LondonlawyerJ :

Hello, I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Is there anything in the lease that deals with unreasonable conduct/breaches on the part of the tenant and how this will be dealt with.

Customer:

They do not currently have a lease. Many years back they had a full lease. The lease lapsed and they refused to renew the lease. We only have 1 tenant that is now on full lease, the remaining 33 tenant are on "Tenancy at will" agreements. Every time the tenant in question takes additional space the owner will only agree the cost by email but will not sign any lease. Our tenancy at will does not allow the tenant to "commit any nuisance or annoyance to the landlord or to any owners or occupiers of the adjoining or neighbouring premises" and "not to do anything on the Premises wherby any policy of insurance maintained by the landlord in respect of the premises may be vitiated or payment of policy monies withheld either wholly or in part or wherby the premium of such policy may be increased and to comply forthwith with all requirements of such insurers" We do not have anything that specifically relates to the common areas

Expert:  Ash replied 3 years ago.
Hello my name is ***** ***** I will help yo with this.
So they just have a tenancy at will at present?
Customer: replied 3 years ago.

They have not signed any tenancy agreement. The tenant refuses to sign anything, but they are our biggest tenant.The rest of our tenants are on tenancy at will.

Expert:  Ash replied 3 years ago.
If they only have a tenancy at will then you can give notice that they leave. They have a tenancy at will.
This means that you can not charge any fines for these matters. Only if they sign a tenancy agreement and that agreement allows you to levy a fine, are you able to do that.
As it stands you can't.
As such you can give a notice to quit as they have no protection.
Obviously its a commercial decision for you whether or not you serve notice as of course they could leave. But they may also want to stay and if that is the case you can tie them into new terms.
Can I clarify anything for you about this today please?
Alex
Customer: replied 3 years ago.

So by not signing an agreement this in effect means they have a tenancy at will?

I think we need to review our current tenancy at will agreement to incorporate care of the common areas.

Expert:  Ash replied 3 years ago.
That is correct.
Does that help?
Alex
Customer: replied 3 years ago.

Yes,

Thank you very much for your help

Julia

Expert:  Ash replied 3 years ago.
Happy to help. if you could rate my answer before you go, it should be a button at the bottom of the screen.
Thanks
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you