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 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.
What is it you would like to know about this please?
Hi, we spoke earlier
about the rental issue with the tenant paying no vat
Yes we did
i just wanted to confirm one thing, the rental agreement i have is a non-commercial one which we did when we were friends.
it has a rental clause and also one for various breaches of which there have been a few
If its commercial then generally you have a right to re-entry
Its a breach of the agreement.
but it doesn't not have the usual clause to re enter the property
Only private homes need a Court Order
is that an issue
Or, you can issue proceedings instead if you wish
this will take around another month
But you could issue proceedings and seek possession
Does that help?
i have a solicitor who has helped me in the past but i think they prefer the long winded approach which is costing me everything i have ever worked for.
they say if i change locks with the bailiff the other party can sue me for loss of earnings and claim harassment claims
Yes of course.
Then for the avoidance of any doubt issue proceedings yourself.
if i issue proceedings at a court, can the judge just order them to pay and keep the lease even if that is not what i want
i really just want them out
they are ruining my life.
there is a lot to this case but my wife tried to take her life at xmas, i can't tell you how much they have done to our family.
If they pay the arrears beforehand yes.
If you want them out and the lease has expired just give them notice
what if they pay after we issue court proceedings and at that time we just request the property back.
If not expired then you can just forefit now, but ONLY if the lease states you can
the lease has 6 years left
we used a ten year lease found online
They have remedied a breach
It should say that you can forfeit
If not, you can't
That could be poor drafting
if i used a bailiff, would they have a good chance of winning if they sued me in court
as the property includes all of the tools needed for their business.
it comes with the rent
as the property for the business i owned by me.
so as long as i am 100% correct and have filed a suitable letter in good time (given them two weeks to pay) and use a certified bailiff i will be ok ?
sorry to ask so many questions, this is a nightmare for us.
thanks you again.