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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My tenant has asked me not to call at his premises(commercial)

Customer Question

My tenant has asked me not to call at his premises(commercial) without an appointment. He runs a skip company and has picked up breaches from the Environmental Agency due to pollution. These have been consistent over the last year my problem is if he causes a major spill I will be liable as the land owner. What are my rights on entering the property ??
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What does his agreement say about entering the property or otherwise please
Customer : No lease :-(
Alex Watts :

Its bad news then I am afraid.

Alex Watts :

You have no right of access to the land because you have no lease.

Alex Watts :

All you can do is terminate the lease then enter the land.

Alex Watts :

But as you have no lease there is no automatic right of entry

Alex Watts :

However the polluters would be prosecuted and not the land owner.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer : What would give me right of entry. How can I evict this tenant if no lease is in force ?
Alex Watts :

You would serve notice to quit (ie a month or 3 months) and then if they refuse to leave get a possession order.

Alex Watts :

That is your only right of entry

Alex Watts :

Does that help?

Customer : Do I have to have a reason to serve them such a notice??
Alex Watts :

No - they have no lease

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer : The tenant was arranging a lease but I do not remember signing it. I have an unsigned copy but they claim their copy is signed but they are withholding it. If I apply for a notice to evict them what happens if they do have a signed lease ? Surly they should have provided it so as to not waste time and money on the eviction. If they do have a signed lease they have breached it many times over which is why I do not think they will supply a copy.
Customer : What is the procedure to evict them with no lease ?
Alex Watts :

That is a new question as you asked if you could enter.

Alex Watts :

But you need to complete form N5 on the court service website

Alex Watts :

Does that help?

Customer : Easier to continue this thread and I will leave a tip. ??
Alex Watts : I am happy to help but just ask you to bear in mind your original question.
Customer : The tenant was arranging a lease but I do not remember signing it. I have an unsigned copy but they claim their copy is signed but they are withholding it. If I apply for a notice to evict them what happens if they do have a signed lease ? Surly they should have provided it so as to not waste time and money on the eviction. If they do have a signed lease they have breached it many times over which is why I do not think they will supply a copy.1/16/14 6:13 PM
Alex Watts : I think I have answered this on your other question posted?
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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