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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10230
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I own 1/3rd of a property and my business partner owns

Resolved Question:

Hi
I own 1/3rd of a property and my business partner owns the other 2/3rds. We have an accountancy practice which rents the property from us. For about 4 years the accountancy practice has rented the top floor to a firm of solicitors. Our offices are not independently locked so any one going up to the top floor would be able to enter any other part of the building. The solicitors believe they are entitled to 24/7 access. My opinion is that they should only use the top floor during normal office hours.
***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

You will need to look at the Solicitor's Lease to see if there is any restriction as to their user of the top floor- some Leases will include a clause saying that the Tenant can only operate their business during "normal working hours" or "Monday to Saturday 7am to 6pm" for example.

If there is no such clause, then they are entitled to access the top floor 24/7.

Do you have a copy of the Lease, to check the above?

I look forward to hearing from you.

Kind Regards

Al

Customer: replied 1 year ago.

Hi

The lease does not have a clause restricting access. The problem I had was the locks were changed on the building on a Thursday. The solicitor turned up at the property on the following sunday but did not have new key. She text me to go to premises but I said come back on Monday. She then proceeded to break the lock and enter. Which seems a bit extreme.

Keith

Expert:  Aston Lawyer replied 1 year ago.

Hi Keith,

Thanks for your reply.

Really, whoever drafted the Lease should have inserted a clause restriciting their hours of access, due to the security position. As there is no such clause, the fact you have granted them a Lease of the top floor means they are legally entitled to exercise this right 24/7.

As regards ***** ***** the lock, this does seem very extreme , but by the same token, with her Solicitor head on, she could have turned round and said you had been breaching your Landlord covenant by preventing access.

Sorry this is not the answer you were looking for.

Kind Regards

Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10230
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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