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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I am a landlady. I have a commercial tenants but the lease

Resolved Question:

Hi
I am a landlady. I have a commercial tenants but the lease is finished and the tenant has not a tenency protection right. And he has not a renewal right and I have given him a month notice to leave. First is 1 month notice ks enough
2 - at the end of notice can I change the locks or must I applied to the court to remove him.
P.s. The lease expired in 22 of March 2016.
3- is it ok to accep the rent payment or if I accept the rent it will give him a right to stay.
Many thanks Parisa
Submitted: 10 months ago.
Category: Law
Expert:  F E Smith replied 10 months ago.

Is the lease contracted out of the 1954 Landlord & Tenant Act?

When did the lease expired?

Why do you want the tenant out?

If you would let us have the background detail, it would be helpful.

Customer: replied 10 months ago.
Lees finished at March 2016
He is bin there for 10 years
I whant a new lees and a new rent agreement
He was paying same for last 10 years but am a new landlady and I had a eagensy to value a up to dait and rent is Mach mor than he us to pay but we had a chat and he side I know price it's more and I am happy to stay and I will pay whatever price of rent is now that's way we had a eagency to gave us a price off the rent . But he dose not replayed with me he dos not comminy Cath with me .
I ll gave him notic to move out
And he side I don't pay mor rent and am not going any where go and get a soliciter
Expert:  F E Smith replied 10 months ago.

Thank you for the extra information.

Is the lease contracted out of the 1954 Landlord & Tenant Act?

When did you buy the property?

Have you had the new rent proposed by a valuer?

If you get him out, do you intend to relet the property?

Customer: replied 10 months ago.
Last year I butted
I have to check to the act 1954
I whanted to rented a gain yes
And am shorr he doesn't have a r thit to say
Customer: replied 10 months ago.
Right to stay he doesn't have a right
Expert:  F E Smith replied 10 months ago.

We can’t take this any further until you find out whether the lease is contracted out of the Landlord & Tenant Act 1954. If it is out of that act you can terminate the lease on the notice specified in the lease.

If it is contracted in to the Act there is no mention of that, then the tenant has a statutory right to renew the lease on the same terms as the old lease but at the market rent. You are going to have to get a valuer to set the market rent and then if the Tenant does have the right to a new lease because the lease is contracted in to the Act, then the Tenant is going to have to take this to the tribunal to have the rent set.

Customer: replied 10 months ago.
My soliciter got all my document tomorrow I have to ask him a but landlord and tenant act 1954
Expert:  F E Smith replied 10 months ago.

That’s fine. Come back to be when you have that information.

Customer: replied 10 months ago.
It was in a act of 1954 but in a last 3 years lease it's bin signe out of that act xxxx
Customer: replied 10 months ago.
He has been contracted out of the lease. It is mentioned in the lease and he has saigned it. I consulted with my solicitor and he also said se is trespassing and I can changed the locks. Is that through or I need to go to court?
Expert:  F E Smith replied 10 months ago.

If he does not have any statutory right to renew because the lease is contracted out of the 1954 act you can give him notice to quit. If he has not paid rent and there is provision in the lease whereby if he is 14 days late, you can peacefully re-enter the property, then you can simply do that without notice by letting yourself into the property and locking him out or changing the locks. You do have to give him all his possessions back and you cannot keep any of those even if he owes rent. If he owes rent, you have to sue him separately for that..

However, cutting through all that, if you have a solicitor who knows the lease and what’s in it, then you are entitled to rely on that advice but do get it in writing from the solicitor.

F E Smith, Advocate
Category: Law
Satisfied Customers: 9032
Experience: I have been practising for 30 years.
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