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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I am a commercial tenant in the UK. I paid 3 months rental

Resolved Question:

Hi, I am a commercial tenant in the UK. I paid 3 months rental deposit when I received the keys (£15k plus VAT) and was given a 6 month rent free period at the beginning of the tenancy. This was due to the amount of building improvement required to before trading. I was expecting investment and was let me down at the last minute. This has affected cash flow to the point where this quarter I am behind by 18 days. My landlord is being aggressive and I'd like to know where I stand. I am currently actively seeking another investor. Kind Regards, Sue
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

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

Alex Watts :

What is it you want to achieve please?

Customer:

Hi Alex

Customer:

I really wondered if the fact that I'm currently only 18 days outside of the due date and that the payment is for a full quarter; does this mean that until that quarter end date has come and gone I have time to sort this out?

Customer:

I have just noticed that the info box on the left says you are offline. ?

Alex Watts :

No, I am on different screens so it shows me offline.

Customer:

Hi Alex,

Alex Watts :

I do not quite understand when you say: I really wondered if the fact that I'm currently only 18 days outside of the due date and that the payment is for a full quarter; does this mean that until that quarter end date has come and gone I have time to sort this out?

Customer:

On the original query. I advised that I am currently 18 days late with paying our rent due to cash-flow. Rent is quarterly and was due 19 March. do I legally have until the 18th June to pay the quarterly rent?

Alex Watts :

Does the clause say its due in advance?

Customer:

yes

Alex Watts :

Ok, then sadly not.

Alex Watts :

Its due on 19th March

Alex Watts :

You dont have until 19th June to pay.

Alex Watts :

Even if you are 1 day late technically you are in breach of the agreement.

Customer:

ok, so are you able to tell me how long it would take if they decided to be very aggressive and evict this business? What would the procedures be?

Alex Watts :

If they wanted to can actually just come in and change the locks, for a commercial business they do not need a Court order.

Alex Watts :

If they do then you can apply to the Court for relief.

Alex Watts :

Let me just get the details

Alex Watts :

You would need to complete form N5a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005a-eng.pdf

Alex Watts :

The Court would list the matter and decide whether you can pay the arrears and if so give possession back to you.

Alex Watts :

But its in the Landlord's hands

Alex Watts :

They may not do anything and just shout.

Alex Watts :

Or they may try to gain access.

Alex Watts :

Its only if they gain access can you seek relief from the Court.

Alex Watts :

So its hard to what the Landlord will or won;t do

Customer:

ok

Alex Watts :

Can I clarify anything else for you today?

Customer:

Sadly, it doesn't feel as if I learnt anything other than what I thought to be honest. I must have some sort of right?

Alex Watts :

Your rights are only those contained within the lease.

Alex Watts :

As I don't know what it says I have to assume to a certain extent.

Alex Watts :

In short if you are 1 day late paying rent they are entitled by law to gain access.

Alex Watts :

If they gain access you can apply for relief.

Alex Watts :

If they are threatening then you can apply to the Court for an injunction to stop them

Alex Watts :

But the lease may say whether they need a Court order to evict or are entitled to possession without a Court order.

Alex Watts :

If it is silent then they need a Court order.

Customer:

Ok, thanks Alex. Will this transcript be sent to my email/

Alex Watts :

This buys you time

Alex Watts :

Once you give it a positive rating then the format changes so you can print it off

Alex Watts :

Can I clarify anything else for you about this?

Customer:

What is meant by "silent"

Alex Watts :

If it does not mention it

Customer:

okidoki, thanks again

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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