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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I lease an old farmyard and sublet it to a number of tenants.

Resolved Question:

I lease an old farmyard and sublet it to a number of tenants. One of the tenants has knocked down a barn and built a much larger structure in its place. The tenants lease states that he is not allowed to alter any building in any way. The tenant now states that the landowner gave him permission the landowner does not remember if he did or did not he is 80 so is not much help. I have a lease from the landowner and the sub tenant has a lease from me. Has the tenant breached his lease with me as as far as I am aware the landowner cannot give permission to my tenant.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 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 :

It makes no difference whether he has permission from the Land Owner or not

Alex Watts :

The tenants agreement is with you

Alex Watts :

If your agreement states not to alter, then the tenant is in breach of contract

Alex Watts :

In any event you would have expected the land owner, if he did agree to have put this in writing and your tenant would have this

Alex Watts :

So yes, your tenant is in breach of contract

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Is it straightforward to apply for eviction or do I need a solicitor.
Alex Watts :

You can do it yourself.

Alex Watts :

You serve a notice to quit

Alex Watts :

Then if they don't go you seek an Order for possession from the Courts setting out the breach.

Alex Watts :

That's it.

Alex Watts :

Does that help?

Customer: Where do I get a copy of notice to quit
Alex Watts :

You just prepare one yourself. If you follow a Section 8 notice template that gives you an idea

Alex Watts :

Google search it

Alex Watts :

Can I clarify anything else?

Customer: I will serve the notice but I know he won't leave what's the procedure for court possession
Alex Watts :

You need to complete form N5 - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005-eng.pdf

Alex Watts :

Send it to Court.

Alex Watts :

Does that help?

Customer: I have looked for section 8 notice but keeps giving me info for housing not commercial
Alex Watts : Yes that is correct, but you can follow the wording.
Alex Watts : Or you can just write and say, I (name) give the tenant (name) Notice to quit by (date) because of (reason)
Customer: Is it the same procedure if the tenant has no lease ?
Alex Watts : Yes. Notice to quit and then seek a court ordrt.
Alex Watts : order
Alex Watts : Can I clarify anything?
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’.


 


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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Hello. I issued the notice to quit and the tenant did not move out. I was then ill so did not apply to the court for possession. Do I need to issue another notice to quit or can I still apply to the court from the last one.

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