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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 mixed use commercial lease. a restaurant with flat

Resolved Question:

I have a mixed use commercial lease. a restaurant with flat above and I live at the flat.
I have been having problem paying rent on time last three quarters as business hasn't been good. normally I manage to settle within to months from the date it is overdue
this quarter it been worse I paid one third of the rent told the secretary landlord i need a month to come up with the rest. she said that if I don't pay within a week they will be sending bailiffs and I could lose the lease
What can a landlord do to recover rent overdue , from a mixed-use lease and are the able to evict me from both in such a short time
thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
For now please let me know if there is a right to re-entry?
Customer: replied 2 years ago.

Hi Alex

please see attached scanned copy of the condition of re-entry

https://www.dropbox.com/s/h2re0pelqq3zhcu/IMG_20150809_092228_HDR.jpg?dl=0

https://www.dropbox.com/s/gww2jir2cpauveu/IMG_20150809_092256_HDR.jpg?dl=0

kind regards

Zayad

Expert:  Ash replied 2 years ago.
Ok, the Landlord can enter. But because there is private accommodation attached would need a Court order. So they can apply to the Court for possession. They can come in and board up the commercial element but not the residential element.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Hi Alex

thank you for your quick reply, does that mean If i don't pay within a week like they requested I could forfeit the lease but still stay in the flat pending the court order?

I understood differently from this article

http://www.alpha1legal.co.uk/forfeiture-lease-mixed-use-property/

thank you

Expert:  Ash replied 2 years ago.
What will happen is that you can apply for relief and then make the LL get an order. But if you have failed to pay, really you are delaying possession.
its inevitable if you can't pay.
Does that clarify?
Alex
Customer: replied 2 years ago.

thank for for clarifying that, my point was I am going to pay but this time quite late but before the next rent becomes due. by him not waiting further two weeks an me loosing 100k. lease obviously I am not going to handover the keys and have my bags ready because I don't want to delay the possession . wanted to know if I had leverage to make him wait bit longer not that I wanted to get away without paying him.

thanks

Expert:  Ash replied 2 years ago.
If you can pay something towards it then you can seek relief. That way the Judge can allow you to stay upon payment. But again you may just been delaying the inevitable.
Alex
Ash and 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 you have not done so already 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