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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A friend of mine who is a small builder has occupied a small

Resolved Question:

A friend of mine who is a small builder has occupied a small area in the basement of a large building for thirty years without paying rent in consideration for him carrying out small emergency and other works and charging only reasonable amounts. The premises are in Central London and previously it was expensive calling in local builders.
The system has worked very well for thirty years and he has also done a lot of work for the tenants. The owners haver now served him notice for possession. Does he have any rights to remain?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

Is this a residential premises or a business premises.

Customer:

business - small office and some storage

Customer:

No idea what is happening. Still no answer. Dreadful service. Forget it

Customer:

I still haven't had an answer although she says she has. WHERE IS IT?

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know whether there is any written agreement?
Customer: replied 2 years ago.

No. I am not prepared to keep answering questions. Either give me an answer of some sort or forget it . Total waste of time. Your last e-mail was just a load of jumbled gobbledegook. Try and send your final answer by normal e-mail. John

Expert:  Ash replied 2 years ago.
All communication but be via this website.
If there is no signed agreement the builder is in difficulty. What they appear to have is a tenancy at will - that is a tenancy agreement which can be terminated at any time. It is only where there is a tenancy in writing would a person have any form of protection.
Therefore I am sorry to say that unless there any agreement in writing the tenancy can be terminated at any time and there is no right to remain. Even if there was a tenancy in writing as he had been there for 30 years, if the initial tenancy was for 6 years and it was not renewed he would be in the same position.
In the absence of any tenancy in writing he has no rights, regardless of whether there is a tenancy agreement or not.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you

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