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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Im sharing property with my business partner

Resolved Question:

Hello,
im sharing property with my business partner for 2 years now (motor trade, garage). He pulled out 4 months ago but was still paying hes part of the rent. Now he rented hes space to some people who are very hostile towards me. Can he do that? How do i get rid of them?
We are LTD company. 50 % owned by him, 50% by my mum.
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Is there a written agreement please?
Customer: replied 2 years ago.

Only lease contract with landlord. Contract is in company name.

Expert:  Ash replied 2 years ago.
What does the contract say about termination?
Customer: replied 2 years ago.

Its 5 years lease with 3 years break.

We would loose our deposit if we terminate before 3 years pass and we need to give 6 months notice.

Expert:  Ash replied 2 years ago.
Is the rent agreement between your company and the company you want out?
Customer: replied 2 years ago.

Right.

There is no rent agreement between company and new people at all.

It is my partner who pays the rent for the space they use.

He says they are working for him and not renting.

I know from them that they are not working for him.

There is no employment contract between them and the company either.

Basically they are here because he allowed them and informed me they will be working here.

There is nothing on the paper between them and our company at all.

If that makes sense:)

Expert:  Ash replied 2 years ago.
Yes but in short no agreement between the company occupying the space and the person that owns it?
Customer: replied 2 years ago.

There is no written agreement between anyone.

Expert:  Ash replied 2 years ago.
Ok, do they occupy a self contained unit or just part of your rented space?
Customer: replied 2 years ago.

No its not self contained unit.

Its part of my company rented space.

Expert:  Ash replied 2 years ago.
Ok. Then you can give a written notice to quit, there is no agreement. If they do not leave then you can apply to the Court for possession.
You would need to complete form N5
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf
The court will list the matter and decide whether to give possession.If they dont have any rental agreement that will be difficult for them.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Can my partner (other director) give them written agreement/contract to prevent me doing this?

Can he do it/ sign it without my knowledge/consent?

Expert:  Ash replied 2 years ago.
No.
Does that help?
Alex
Customer: replied 2 years ago.

Hello Alex,

hope you had great weekend.

What if he signs an agreement with them as soon as he finds out im trying to kick them out? He is a director at the end of the day.

Also i dont even know their name or address so cannot really fill in form N5. How can i get tyheir details?

Expert:  Ash replied 2 years ago.
You must know where they are renting? If he signs an agreement, you are stuffed.
I am sorry.
Alex
Customer: replied 2 years ago.

Yes i know where they are renting but not their names.

Subletting is prohibited by our lease agreement with landlord so i guess he cant sign any agreements with them?

Landlords behind me by the way but he cant really intervene.

Expert:  Ash replied 2 years ago.
You can put persons unknown. The Landlord can't sign anything no because it would be a breach!
Alex
Customer: replied 2 years ago.

Sorry no i meant the other director cant sign any agreement with them as that would be a breach of our lease agreement with the landlord.

So he cant really do much am i right?

Expert:  Ash replied 2 years ago.
You are correct.
Alex
Customer: replied 2 years ago.

I think that all i need to know for now.

Lets see what happens.

Thank you for your help.

Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex