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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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hi, the contract of rental i have now isnt a commercial one.

Customer Question

hi, the contract of rental i have now isn't a commercial one. it is one we filled out when we were all friends.
it has a clause about breach but it doesn't have a clause that says if they don't pay i have the right to enter the property
is this an issue ?
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 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 :

What is it you would like to know about this please?

Customer:

Hi, we spoke earlier

Customer:

about the rental issue with the tenant paying no vat

Alex Watts :

Yes we did

Customer:

i just wanted to confirm one thing, the rental agreement i have is a non-commercial one which we did when we were friends.

Customer:

it has a rental clause and also one for various breaches of which there have been a few

Alex Watts :

If its commercial then generally you have a right to re-entry

Alex Watts :

Its a breach of the agreement.

Customer:

but it doesn't not have the usual clause to re enter the property

Alex Watts :

Only private homes need a Court Order

Customer:

is that an issue

Alex Watts :

Or, you can issue proceedings instead if you wish

Alex Watts :

this will take around another month

Alex Watts :

But you could issue proceedings and seek possession

Alex Watts :

Does that help?

Customer:

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.

Customer:

they say if i change locks with the bailiff the other party can sue me for loss of earnings and claim harassment claims

Alex Watts :

Yes of course.

Alex Watts :

Then for the avoidance of any doubt issue proceedings yourself.

Customer:

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

Customer:

i really just want them out

Customer:

they are ruining my life.

Customer:

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.

Alex Watts :

If they pay the arrears beforehand yes.

Alex Watts :

If you want them out and the lease has expired just give them notice

Customer:

what if they pay after we issue court proceedings and at that time we just request the property back.

Alex Watts :

If not expired then you can just forefit now, but ONLY if the lease states you can

Customer:

the lease has 6 years left

Alex Watts :

sadly not

Customer:

we used a ten year lease found online

Alex Watts :

They have remedied a breach

Alex Watts :

It should say that you can forfeit

Alex Watts :

If not, you can't

Alex Watts :

Sadly

Alex Watts :

That could be poor drafting

Customer:

if i used a bailiff, would they have a good chance of winning if they sued me in court

Customer:

as the property includes all of the tools needed for their business.

Customer:

it comes with the rent

Customer:

as the property for the business i owned by me.

Alex Watts : If they are in arrears then they are unlikely to win
Customer:

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 ?

Customer:

sorry to ask so many questions, this is a nightmare for us.

Alex Watts : Yes
Customer:

thanks you again.

Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
Thanks.