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Are there two agreements or just one for both the commercial and private aspect please?
Its bad news then.
Really you are going to need to get a Court Order because of the private element of it.
No, but there is no separate agreement.
You never had two to start with, you only had one
If there had been 2 then you could have gained possession of the commercial aspect.
Yes I realise but in reality you MUST have a Court order because it is one agreement.
As soon as you re-enter the agreement eneds
It can't continue in part unless the agreement itself says it can
If it is silent on this then you can't do it and MUST get a Court order
I realise that 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
Can I clarify anything for you about this today please?
Probably 4-6 weeks.
If he agrees to vacate and you get it in writing then yes you can just go straight in.
OK. I think that is how we will play it then - and it will also stop him incurring any further debts... it's very unfortunate as they were friends...
Yes I am sorry its not better news
Can I clarify anything else?
So - no point in applying for a court order. Get something in writing to say he will vacate the commercial premises and stay in the residential until the end of his tenancy - presumably with a contribution to bills or whatever we agree to?
Yes. In effect you are agreeing to vary the lease.
Please give me a minute - am just re-checking the lease.
No - definitely nothing about residential vs commercial. So, is there a specific structure of the variation of the lease - I did the CPE and LPC a few years ago, but cannot recall most of it!
In terms of recovery of monies, do we still need to apply for a court order, or would small claims cover rent arrears?
That is not my bag I am sorry to say. But if he agrees in writing to vacate and hand back the commercial aspect and stay there until the tenancy runs out for the private part, that should be fine.
Could we prevent him from trading anyway without a court order - eg. cancel premises licence?
Not unless your agreement allows for this.
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