Ask an Property Solicitor. Get an Answer ASAP.
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
can someone answer my question please
Sorry, I was in Court.
Its bad news I am afraid.
If the lease has a right of re-entry clause then the landlord does NOT need a Court order.
At present you do not have a tenancy, it ran out. It has not been extended.
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.
What you can do is apply to the Court to STOP the landlord from evicting you.
You would need to issue proceedings and complete forms N1
You are asking the Court for an order that the Landlord can NOT evict you.
Can I clarify anything for you about this today please?
thank you for your help
Can I help with anything else today?
if the lease hasn't a re entry clause will he have to go to court to evict us
Yes they should because they can not just re-enter
Does that clarify?
there is nothing in the lease to say that they can repossess the building
it say we must give 3 months notice
So there is no re-entry clause?
no, how would they word it
it would say right of re-entry somewhere
Then they can not. Therefore you can seek proceedings for an injunction to prevent as suggested above.
thank you have been a great help
Great. Can I clarify anything else for you?
no thank you
Great. If I could ask you to rate my answer before you go today - the button should be at the bottom of the screen
If you need more help please click reply