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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can a commercial landlord break in the premises even if the

Resolved Question:

Can a commercial landlord break in the premises even if the tenant has given notice to quit and requesting time to relocate ,if a lease has run out ,or does the landlord have to applied to the court to evict the tenant .
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 : For now please let me know whether there are any rent arrears?
Customer:

we have tried to pay the rent which we agreed in 2013 but they sent it back ,we have paid rent up to date at the rate before the new lease was issued .We pay by standing order ,they have sent a cheque to us for novembers rent although we had an invoice for nov.we feel that we have been paying correct rent so no we are not in arrears

Customer:

can someone answer my question please

Alex Watts :

Sorry, I was in Court.

Alex Watts :

Its bad news I am afraid.

Alex Watts :

If the lease has a right of re-entry clause then the landlord does NOT need a Court order.

Alex Watts :

At present you do not have a tenancy, it ran out. It has not been extended.

Alex Watts :

Therefore if you do not have a lease (which you do not) OR you are in arrears for rent the Landlord does NOT need a Court order.

Alex Watts :

What you can do is apply to the Court to STOP the landlord from evicting you.

Alex Watts :

You would need to issue proceedings and complete forms N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

You are asking the Court for an order that the Landlord can NOT evict you.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

thank you for your help

Alex Watts :

Can I help with anything else today?

Customer:

if the lease hasn't a re entry clause will he have to go to court to evict us

Alex Watts :

Yes they should because they can not just re-enter

Alex Watts :

Does that clarify?

Customer:

there is nothing in the lease to say that they can repossess the building

Customer:

it say we must give 3 months notice

Alex Watts :

So there is no re-entry clause?

Customer:

no, how would they word it

Alex Watts :

it would say right of re-entry somewhere

Customer:

no nothing

Alex Watts :

Then they can not. Therefore you can seek proceedings for an injunction to prevent as suggested above.

Customer:

thank you have been a great help

Alex Watts :

Great. Can I clarify anything else for you?

Customer:

no thank you

Alex Watts :

Great. If I could ask you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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