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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a Tenancy Agreement including a clause for re-entry

Resolved Question:

I have a Tenancy Agreement including a clause for re-entry for non-payment of rent. The tenant is 3 months in arrears, and his 3 year tenancy ends 17th April 2014. He has indicated he has no money and no intention to pay the arrears. There are also other expenses that will be incurred at the end of his tenancy, and I estimate the total outstanding will be £8,500.
We would like to re-enter and take possession of the pub. He lives in the upstairs accommodation with his son. The residential part has a private entrance. We are happy to let him stay upstairs until his tenancy expires, but not the commercial part.
Can we re-enter the commercial premises without a court order (peaceable re-entry)?
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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Are there two agreements or just one for both the commercial and private aspect please?

Customer: Just a single agreement
Alex Watts :

Its bad news then.

Alex Watts :

Really you are going to need to get a Court Order because of the private element of it.

Customer: Thought it might be. Even if there is a separate entry and we allow them to remain under separate agreement?
Alex Watts :

No, but there is no separate agreement.

Alex Watts :

You never had two to start with, you only had one

Customer: By the time we get a court order the tenancy will be ended and we will be several thousand pounds down....
Alex Watts :

If there had been 2 then you could have gained possession of the commercial aspect.

Alex Watts :

Yes I realise but in reality you MUST have a Court order because it is one agreement.

Alex Watts :

As soon as you re-enter the agreement eneds

Alex Watts :

ends

Alex Watts :

It can't continue in part unless the agreement itself says it can

Alex Watts :

If it is silent on this then you can't do it and MUST get a Court order

Alex Watts :

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

Alex Watts :

Can I clarify anything for you about this today please?

Customer: I understand. How long would a court order take? If he agrees to vacate the premises if we allow him to remain in the flat I assume we can take over then and get it in writing?
Alex Watts :

Probably 4-6 weeks.

Alex Watts :

If he agrees to vacate and you get it in writing then yes you can just go straight in.

Customer:

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...

Alex Watts :

Yes I am sorry its not better news

Alex Watts :

Can I clarify anything else?

Customer:

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?

Alex Watts :

Yes. In effect you are agreeing to vary the lease.

Customer:

OK.

Customer:

Please give me a minute - am just re-checking the lease.

Alex Watts :

ok

Customer:

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!

Customer:

In terms of recovery of monies, do we still need to apply for a court order, or would small claims cover rent arrears?

Alex Watts :

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.

Customer:

Could we prevent him from trading anyway without a court order - eg. cancel premises licence?

Customer:

OK. Thanks.

Alex Watts :

Not unless your agreement allows for this.

Alex Watts :

Can I clarify anything else?

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:

Thank you.

Alex Watts :

All the best!

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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