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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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As a landlord of a commercial premises, we have a problem

Customer Question

Hi, as a landlord of a commercial premises, we have a problem with a tenant as follows:
1. Tenant was in arrears since 2011
2. Refused continuously to bring account into credit
3. We legally took the option to call in the bailiffs - all was done above board and the premises sealed.
4. We subsequently find out the tenant was found guilty of drug dealing £25,000 in April 2015 - he never notified the landlord
5. Since found out he's been subletting
6. He's also handwritten another name on the lease without our prior knowledge or permission
7. Local council have been battling him for a long time to remove his signage
8. Tenant since gone for Forfeiture and we now find we have to go to court to defend ourselves and prevent him from having his lease returned.
Given all of the above, we are naturally concerned as to where the monies have been and will continue to come from but have been informed by our solicitor, that he stands a good chance of getting it back as the court is often blinkered and won't necessarily take any of the above into consideration. We are concerned that drug dealing and money laundering often go hand in hand!
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve?
Customer: replied 1 year ago.
I do
Customer: replied 1 year ago.
I don't want these people back on the premises therefore, I do not wish to renew the lease. Hence I will fight in court against Relief from Forfeiture. I need to understand if I have a strong case given the previous information I have sent you.
Expert:  Ash replied 1 year ago.
How much are any arrears?
Customer: replied 1 year ago.
On seizure of the property 1st June 15 approx 6 thousand, today with outstanding rent and Costs approx 25 thousand.
Expert:  Ash replied 1 year ago.
Have you forfeit yet?
Customer: replied 1 year ago.
No due in court 2nd of October
Expert:  Ash replied 1 year ago.
Ok. What is it you would like to know from me?
Customer: replied 1 year ago.
Given all of the above information I have provided, do you think we can prevent them from getting Relief from Forfeiture?
Customer: replied 1 year ago.
Thus preventing them from being allowed to renew a lease and keep them out of the property.
Expert:  Ash replied 1 year ago.
I would hope not. There has been numerous breaches and criminal activity. No Judge should allow them back in bearing in mind their appalling behaviour. Litigation is never certain so there is always a risk they may be allowed back.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
That's what we'd hoped to hear but our solicitor doesn't appear to be as optimistic! The tenant set up a car wash on the premises but is also involved with another in Swansea where he was convicted in April 2015. He'd hired a vehicle in Doncaster and driven over 800 miles in 3 days. Was found with £25k drugs and numerous phones in vehicle hence the conviction for dealing. We approached the local police who said without proof of anything on this site they didn't have the manpower to investigate. How many more car washes he has throughout the UK we don't know but looks like a front for drugs etc.... I think we will have to push all of the previously mentioned concerns and activity in order to make a strong defence against Relief of Forefeiture. Unless you can think of another way? Our solicitor will be forwarding the information to the court prior to the 2 October. Any final suggestions or thoughts?
Expert:  Ash replied 1 year ago.
I think you are right - set out ALL the breaches and convince the Judge its just a tenant you dont want!
Sell is to the Judge as this: If he was YOUR tenant what would you do? Would you really want him?!
Alex
Customer: replied 1 year ago.
Yes agree!! Thank your for your assistance in this matter. I believe we will have to be very forceful with our solicitor to ensure he really does fight our corner! Once again thanks for your advice and positivity which certainly helps!! Facts and fingers crossed - here goes!
Expert:  Ash replied 1 year ago.
Good luck!
If this answers your question could I invite you rate my answer before you leave today.
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