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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a question about evicting my tenant. It is a corporate

Resolved Question:

I have a question about evicting my tenant. It is a corporate let tenant with a shorthand lease tenancy agreement (if that is relevant). They are persistently late paying a part of the rent - every month for the last four months - and I always have to chase to get the remainder paid. In the tenancy agreement it has the following clause -
Ending the tenancy and forfeiture:
If at any time:
a) the rent, or any part of the rent remains unpaid for 14 days after coming due, whether formally demanded or not
some more clauses.......
The landlord may give written notice to the Tenant that the Landlord seeks possession of the premises.
Does this mean that once the current shortfall in the most recent rent payment becomes 14 days late that I can evict my tenant?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

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

Alex Watts :

Does it say anything about continual breaches?

Customer:

No it doesn't

Alex Watts :

The agreement is clear it seems to be - if the rent has been unpaid for 14 days you can terminate it.

Alex Watts :

Therefore even if they pay it after 14 days they have still breached the agreement

Alex Watts :

So yes you can serve notice to quit on that basis

Alex Watts :

If this was dwelling if they were always late you could serve notice to quit

Alex Watts :

Therefore on the basis it was 14 days unpaid then that is enough to issue a notice

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Is it best to get a solicitor to do it for me or can I simply write a letter reffering to the tenancy? Are there specific processes I must go through?

Alex Watts :

Yes I would get a Solicitor to write to them as it seems more official.

Alex Watts :

Once you give notice to quit and they refuse you can issue proceedings for possession

Alex Watts :

But you should note that assuming you have a forfeiture clause as soon as they are late you could change the locks that day

Alex Watts :

Does that help?

Customer:

Ok. Thats great. Thanks for your help

Alex Watts :

Great. If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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