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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My commercial tenant was arranging a lease but I do not remember

Resolved Question:

My commercial 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.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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 : On what basis are you seeking possession please?
Customer: They run a skip company and have numerous environmental breaches.
Alex Watts : But are not late with rent or anything?
Alex Watts : If there was a lease how long as it for? Have they been longer than the fixed term?
Customer: No term would have been 30 months due to end July 2015. Not late with rent but knocked down a building and put it back up bigger without planning. Planners now involved.
Alex Watts : Ok.
Alex Watts : Then all you can do is issue proceedings and hope there is no agreement.
Alex Watts : Or if there is an agreement say it is a breach of the term.
Alex Watts : i assume you have some term saying to comply with the law or not to cause nuisance.
Alex Watts : if a this is the basis of your clsim
Alex Watts : So even if there is a signed lease they are still in breach.
Alex Watts : Can I clarify anything for you about this today please ?
Customer: If there is an agreement they have definitely breached it. My worry is that if I proceed on the assumption of no lease and they produce one at the last moment. What is my position then.
Alex Watts : Do not worry you should get posession
Customer: How can I make them give me a copy of the lease if they have one ?
Alex Watts : Write and ask. Or say if you go to court and they produce one you would seek costs against them
Alex Watts : Does that help?
Customer: I have an unsigned copy of a lease they had prepared by a solicitor could I use this as evidence in court as to terms that were agreed. The lease has their solicitors details on it. As they prepared it it would be difficult for them to argue the terms ??
Alex Watts : Very hard.
Alex Watts : Does that help?
Customer: So the unsigned lease helps ?
Alex Watts : Yes indeed,
Alex Watts : Does that clarify for you?
Customer: In what way does it help please elaborate..
Alex Watts : Because it shows intent, that is intent to be bound.
Alex Watts : Is that helpful?
Customer: Yes thank you
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