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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a law siciety commercial tenany agreement until november

Resolved Question:

I have a law siciety commercial tenany agreement until november this year and the ladlord is trying everything to get me out including threat of sending builders into the property if i am not out by the end of march this year.
I only moved in in november 2014 and have spent a lot of money opening my hairdressing business.
This morning the gave me a notice to terminate tenancy letter.
they have provided me invoices to my company for rates from the landlord oven though my space that i occupy I have no rates to pay from rates office.
2 weeks ago the landlord came into the building and said quite clearly if i have not found anywhere else by march they will send their builder in and that is it, These are big burly builders and they will not stand for any interference from you as they will do what I say
please give me advice.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know when you signed, how long for and what is the reason for termination ?
Customer:

Hi Alex. I signed in november 2014 until november 2015 on a law society lease.

Customer:

The reason for termination is they want to use the unit i rent themselves.

Alex Watts : Is there a clause in the agreement that allows them to terminate early?
Customer:

..No there is not it is a fixed term from november to november. They are trying to say that I have agreed to move out and I have not and they have constantly being pressring me

Alex Watts : If you did not agree there is nothing they can do.
Alex Watts : If they want you out they need a court order.
Customer:

They say they told me in December when they bought the building that they would not be honouring any agreement with the prvious owner but none of this is true

Alex Watts : Without a court order, unless you are late on the rent, they can not force you out.
Alex Watts : Well this is breach of contract. If they want you out they must obtain a court order.
Alex Watts : If they enter, then you can sue for breach of contract, damages and seek an injunction to make them get out.
Alex Watts : But unless you are late with rent they must get a court order
Alex Watts : can I clarify anything for you about this today please?
Customer:

I am never late on the rent and now they are creating a huge noise all the time next door

Alex Watts : indeed. They can't get you out
Alex Watts : Can I clarify anything else for you?
Customer:

Yes please. I think after the letter I have received I should put this is writing to them.. Even with a court order can they make me get out before the end date?

Alex Watts : Yes I would get a local solicotor to write a letter. They can only get you out before the end if you have breach your agreement
Alex Watts : You have not so no they can't
Alex Watts : Does that help?
Customer:

Yes it does and I will get a local solicitor to write a letter as I have a right to use the property without lawful interferance form the landlord and they are trying to make life hell i know

Alex Watts : Great. Good luck.
Alex Watts : If I could ask you to please rate my answer before you go today, the button should be at the bottom of the scree
Alex Watts : screen
Alex Watts : if you need more help please click reply
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