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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I rent a commercial workshop/factory unit to my ex business

Resolved Question:

I rent a commercial workshop/factory unit to my ex business partners and they have made huge alterations. Can I remove them from the building ?
I have a 4000sqft workshop which I rented to my company for several years. I have now sold my shares for this business but allowed the new directors to remain tenants of the building.
Relationships have deteriorated hugely due to them not paying for my shares of the business which is now going through legal stages but my question is, they have made significant changes to the building including, changing locks, changing security system, installing huge plant equipment, sub letting the property all of which they have done without ever informing me.
The lease we have signed is actually not a commercial lease as we did this by taking a lease off the internet when we were friends but it does list all existing property as well as clauses not to change the building, not to change the locks and not to make changes without getting our permission.

I would like to either remove them or to give notice to make them put the building back to the state it was when I left. Can I do this legally and without costing me as they have left me in a vulnerable position as I am financially struggling due to the fact they have not paid me for my shares of the business yet are still making money from my old customers in my old business.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** 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 :

Is there a signed lease, if so who signed it please?

Customer:

I have a signed lease, the signer was my wife who was at the time 50% owner of the business. At the time of signing the business had two directors, each holding 50% shares. The day in question when the lease was to be signed the other director called in sick and so my wife signed and a member of staff at the time signed at whiteness.

Customer:

I was at the time not a shareholder or director.

Customer:

There was no issue at this time as we were all friends but the relationship is bad now for many reasons.

Alex Watts :

OK

Alex Watts :

Then yes you can terminate the lease. You signed it, you left the business and you can terminate it, if it is a partnership

Alex Watts :

If it is a Limited Company and you signed it on behalf of the company having full authority then you cant' end it

Alex Watts :

Unless the lease comes to an end or they have breached it

Alex Watts :

This is because if you had authority then you and the Company are bound by it

Alex Watts :

So it really depends on what capacity you signed it

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

hi,

Customer:

i singed the lease as the landlord. my wife signed the lease and a member of staff as witness on behalf of the company which is a limited company.

Customer:

They have breached on several counts,

Customer:

1) sublet to another company the tenant owns

Customer:

2) changed locks and not given me a set

Customer:

3) installed plant equipment into the building without written consent or having even informed me.

Customer:

4) changed electrics without having written permission or having informed me.

Alex Watts :

You can therefore seek a Court Order to take possession

Alex Watts :

You need to serve a notice to quit and then seek a Court order

Alex Watts :

Does that clarify matters?

Customer:

how do i do this ?

Customer:

is there a form i need to fill in ?

Customer:

and would they be liable to maintain the rules of the lease agreement even though the director that signed it is no longer working or part of the company

Alex Watts :

You need to complete form N5

Alex Watts :

http://www.anthonyreeves.co.uk/resources/n5.pdf

Alex Watts :

Yes they are required to maintain the terms of the lease. it is with the Company not the Director

Alex Watts :

Does that clarify?

Customer:

yes perfectly

Customer:

and if i send the letter, how long do i have to reasonably give them ?

Alex Watts :

14 daysd

Alex Watts :

* days *

Alex Watts :

If this answers your question might I invite you to rate my answer

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need further help please click reply

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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