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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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how can i remove the risk of a counterclaim from evicting tenant

Customer Question

how can i remove the risk of a counterclaim from evicting tenant of commercial property.
my tenant who is an old business partner bought me out in december, they have failed to pay me the payments for my shares amounting to well over 100,000gbp and cited that i breached the agreement as the reason they have not paid, we have proven all points they made are lies but legal fees are starting to break me.
I realise they will never pay me as the iteration from the start was to get the company for free but they rent my building and have not paid the vat element saying this was not in the wording of the contract i signed when i sold my shares. i feel they can't use this as they knew i was vat registered and initially paid the vat for the first 2.5 years. they stopped paying without my knowledge.
I have given them two weeks to pay the debt. i really hope they don't so that i can evict them and rid them from my life. The problem is I am told they can sue me for loss of earnings and harassment but I'm not sure this is right, they have made several breaches, altering the property without permission, subletting and not paying in full.
The debt owed is £5400 at the moment and ideally i just want to instruct bailiffs after the 14 days are up and remove them.
What makes it more difficult is the fact that the rent includes huge amounts of property which came with the rent, like plant equipment, diagnostics equipment, computers desks etc etc. All of which I own. the rental contract is not a commercial one but one we took off the internet when we were all friends so it lists breathable sections but does not have a section that says if you fail to pay rent we will come into the building and change the locks so that being the case, how do I remove the chance of them taking me to court as these people LOVE legal action and often take people to court even when in the wrong.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and 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 :

You cant' remove a risk

Alex Watts :

If you issue a claim it is always open to someone to defend and put in a counter claim

Alex Watts :

Sadly that is their choice

Alex Watts :

Whether or not it would succeed is another matter all together

Alex Watts :

But you cant sadly stop someone putting in a counter claim

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-o6wd11gm- :

I appreciate all the help you have given, I have actually paid for legal advice and although I know the advice is lawful and correct, I am tired of the other side playing hardball and leaving me with huge bills. Financially I would be better off giving them my company and also allowing them to short pay the rent. The problem is, I'm a man of principle and this is eating me away.

JACUSTOMER-o6wd11gm- :

I guess I really just want to have a better idea of who's side the judge would agree with, the side that make false claims of which there have been over a dozen, all of which have been answered and who also have not paid their side of the agreement and whom have shirt paid rent or my side.

Alex Watts :

Indeed.

Alex Watts :

If you bring a claim they always have an opportunity for a counter claim

Alex Watts :

It is then a matter of evidence and who the Judge believes

Alex Watts :

You can't avoid a counter claim all together I am sorry to say

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/

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