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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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A tenant with a assured short hold tenancy agreement does not

Resolved Question:

a tenant with a assured short hold tenancy agreement does not live on the premises and is running a business throughout the rented premises.
Is this legal
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
does it exclude business use?
Customer: replied 2 years ago.

"To use the property as a single private dwelling and not to permit any other use."

I am about to buy said premises later this week at auction.

Expert:  Remus2004 replied 2 years ago.
I wouldn't get involved in that if I were you. An encumbered property is always problematic.
If that is right then he is putting it to a use not permitted and you could seek a possession order on that basis.
However, you will know as I do that is not fast and it is expensive. You would get possession in the end by one means or another but whether or not the delay is an option for you is another matter.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Can't I just give the statutory notice, he is paying his rent.

Expert:  Remus2004 replied 2 years ago.
It depends how far into the AST he is.
You can try to evict him using S8.
Or you can use S21 but obviously only if the AST is going to end anyway.
Remus2004 and 2 other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

The tenant is currently holding over.

Expert:  Remus2004 replied 2 years ago.
Sorry?