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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have been served with notice to quit a business premises

Resolved Question:

We have been served with notice to quit a business premises for non payment of lease - however our landlord received the funds for a quarter in advance and then sent it back to us with a letter stating they would no longer accept funds from our business - we have had disputes with the landlord over issues with the building - they clearly want us to leave - but have now given 7 days notice which is uncomfortably short for us to relocate - we are happy with leaving but require at least 30 days - and would pay for that term - please advise .
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Who have you been sent the demand by please?

Customer:

Hello - lawyers acting on behalf of the landlord - copy of letter follows

We have been advised by our clients that you are, and have acted, in breach of clause 2(1) of

the Lease for the above property, namely failure to pay rent in accordance with the Lease. We

are therefore instructed to obtain possession of this property forthwith.

Please accept this letter as notice under clause 5 of the Lease that our client requires vacant

possession of the property to be given up by 15th October 2014 failure to do so will result in

formal action to obtain possession of the property from you. If Court proceedings are

required our client will seek to recover the costs of the same from you both.


Alex Watts :

How did you make the first payment? Was it returned with a letter?

Alex Watts :

Does the lease make provision for non payment you are required to give up?

Customer:

We moved in 12 months ago and have had issues causing us to withhold payment with agreement from the landlord since we took possession. We agreed to start paying full lease amount from Oct 1st. We paid and the landlord rcvd, they then sent us the letter with a note stating cheque was enclosed - nothing rcvd as yet. If we are to vacate then we need more than 7 days to organise - we need at least 21 days. Also how do we get the landlord to agree that if we vacate no further charges or claims will be made against us?

Alex Watts :

Ok - so you have this letter saying cheque enclosed?

Customer:

yes

Customer:

In respect of your payment to Corfe Castle Charity of £2000,00, purportedly in respect of rent
payable under the lease of the Property, please find enclosed cheque returning the funds to you.

You should note that the Charity as the landlord under the lease of the Property has not and will not
accept any further monies from you in relation to the Property.


Customer:

letter dated 3/10 - funds send for 1/10 for quarters rent

Alex Watts : How long is your lease and are you in the fixed period please?
Customer:

lease is for 3 years and yes we are 12 months in. we have had major issues and have had agreement to withhold rent and to start paying 50% from July and 100% from Oct. We have always paid and this termination causes us tow problems - 1. reputation of having a lease terminated on us because of non payment - this is clearly not true - 2. timescale to vacate - simply to short - will we vacate, yes but we realistically need 30 days and will pay for that time whilst we are here.

Alex Watts : Ok. You need to apply to the court for an injunction.
Alex Watts : You need to complete forms N1
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : And N16a
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Alex Watts : you need to ask the court for an order that the landlord take no step to trespass or change the locks.
Alex Watts : The court will list the matter for hearing and decide whether to make an order.
Alex Watts : The other side will have an opportunity to attend and make representations
Alex Watts : But given there is a lease and they have refused payment, I am of the view a judge would grant an injunction
Alex Watts : Then you can move out
Alex Watts : Can I claiify anything for you about this today please?
Customer:

Thank you - you have supplied some steps that I can go to the other sides solicitors with. I expect all i am looking for is an extension to the termination date and a fins settlement "deal" to avoid any further unnecessary issues

Alex Watts : Indeed. If they refuse then you can threaten an injunction.
Alex Watts : Can I help with anything else today?
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