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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex W, SolicitorHello Alex, Tony Golden here again. I am

Resolved Question:

Alex W, SolicitorHello Alex, Tony Golden here again. I am contacting you again in regards ***** ***** previous discussion on my tenancy. Hopefully you still have record of that on file. As the landlord is closer to exchanging the property the situation is becoming more complicated. I have an email I would like to send you for your review. We can then continue discussions from there.
Thank you
Tony Golden
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hi Tony thanks for asking for me.What else would you like to know?Alex
Customer: replied 1 year ago.
Hi Alex,
Firstly, if we talk by phone, is it a one time call for the 38.00?
Secondly, to explain the further development. The property mentioned in previous messages has now exchanged and me occupying the house is an issue to complete. So the pressure is now being put upon us. I realize from the previous communication is that they will need to send me notification of 2 months then the court procedure if we go to that point. We are not trying to stay here, but need time to move to a new location. The complication and twist is as follows:
From the moment we moved into the home we have run a home boarding/daycare dog business from the home. This is why we moved into the home as we needed the space and in return we care take the entire property of the house, building and 24 acres. Now that the property the current landlord has sent me an email( Which I will share) stating that we now have no more then 1 month to move the dog business from the premises. This is not a realistic possibility. We are working diligently looking to a location. My question is what the legal standing is on my part and the landlord part? again, no written agreement other then emails stating that we will live in the house to care take and operate our business from the home? Does moving the dog business fall within the tenancy situation and they can not force me to move it before the same time line we have to vacate the property. What a interesting mess!
If I attach the email as a file does that show publicly?
Thanks
Tony
Expert:  Ash replied 1 year ago.
Yes if you talk by phone it's a one off charge. If you upload documents they are public.
Customer: replied 1 year ago.
How do I send you a private email to review?
Do you have a comment on the dog boarding business or do you need more information.
Thanks
Tony
Expert:  Ash replied 1 year ago.
You can't send private emails. Everything must be via this question and answer site.Alex
Customer: replied 1 year ago.
Ok, Thank you for letting me know. In that case, based on the information I supplied to you in regards ***** ***** home boarding/ daycare business what is your opinion of the landlord requiring us to move the dog business from the residence within one month?
Expert:  Ash replied 1 year ago.
How long have you been there, remind me?Just to confirm there is nothing in writing?Alex
Customer: replied 1 year ago.
Hi Alex,
We moved into the house in July 2014. We moved in to live in and caretake the property along with the existing dog service which was in business since 2010. This was openly discussed and understood from the time we occupied the property. As for anything in writing, there is no contract of any sort. They only thing I have are email discussions in regards ***** ***** into the property and duties of care taking.We are not trying to stay in the property and are in the process of finding a new location but we are being pressured to move the dog business out of the house within 30 days and have not been served a 2 month notice as of yet to vacate the property.
I hope that explains it well enough. If not, let me know.
Regards
Tony
Expert:  Ash replied 1 year ago.
Has the landlord said what would happen if you didn't stop the business?
Customer: replied 1 year ago.
No, he is recommending in the email to have an agreement that we will move the dog business in 30 days which we will not agree to as we can not do so realistically. Which leaves me questioning what his legal standing is to take some sort of action other then starting the eviction process. Please advise?
Thanks
Tony
Expert:  Ash replied 1 year ago.
And to confirm this is residential premises?Alex
Customer: replied 1 year ago.
Hi Alex. Yes. It is residential premises that I currently occupy and conduct my dog business witnin it.
Thanks
Tony
Expert:  Ash replied 1 year ago.
Ok, then you dont need to worry. They would need a Court order to evict you. This starts by sending a notice which says you are in breach of your tenancy agreement. If there is not anything in your agreement that prevents you running a business, then they can not stop you. Once the notice has expired they would have to get a Court order for possession. This can take around 2 months to get.Once this has been done and if the Court grants possession and you refuse to leave then they need to get a warrant of eviction. Overall it would take around 4 months to get an eviction from start to finish.As such if you are leaving anyway, you do not need to worry about this - it will take too long to get you out.Can I clarify anything for you about this today please?Alex
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Customer: replied 1 year ago.
Hi Alex,
Thank you for clarification. It is what my thoughts where. That should be it for me on this session.
Thank you for your help once again.
Tony