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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Landlord right to reclaim commercial property (5 year lease)

Customer Question

I have a commercial property with a 5 year lease (2 years into lease), which unfortuntaly was done as a Tenancy aggrement with the Tennant rather than a comercial lease. The rent was monthly and changed to weekly as from the very beginning they missed payments and they owe over 3 months rent. They have agreed to leave the property but are reluctant to hand over the keys. They are reluctant to give me their contact home address and are looking at removing all the assets they had put in the shop, including the extractor fans which should be part of the fixtures now. They have also stated they will pay me once they have moved but the contact address they gave was of a Business advisor. However I do not believe them as they have done this before and are a delaying tactic to asset strip the shop before they hand over the keys, including not paying the outstanding rent which is now £1700. Can I stop them so that I protect my premises Can I persue them for the full term unless they pay the oustanding rent.

Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What does the tenancy say about termination?

Alex Watts :

What does it say about re-entry on rent arrears please?

Customer:

I was trying to attach the contract for the questions you asked but there appears to be no way of doing that.

Customer:

The Tenant has given his termination letter and is clearing out the shop. With the cintact being a residential term assurance contract can I still persue for payments if he does not honour payments. Aldo do I have to accept the termination if he dies leave the building in the state we gave it to him..

Alex Watts :

Yes I see. If the tenant does not honour payments then yes you can pursue payments but of course you need to know where the tenant has gone to.

Alex Watts :

You would normally need a Court order to re-enter the property unless the tenancy agreement allows otherwise. In addition if it is residential then you need a Court order anyway to get possession.

Alex Watts :

If he does terminate then he needs to leave it in the same state as when he found it, subject to fair wear ad tear

Alex Watts :

If not then you can deduct any damage from the deposit and pursue for that damage if the deposit does not cover it

Alex Watts :

Can I clarify anything for you about this today please?

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.

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