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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a commercial property which I leased out years

Resolved Question:

I have a commercial property which I leased out for 5 years [fixed term]. the tenant is now very behind on his rent and says he cannot afford to pay the rent and wants to end the lease. what can I do to get my rent out of him.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Does the lease give you right of re-entry please?
Customer: replied 2 years ago.

Hello Alex

i have attached a copy of the lease - hope you can help

i am willing to terminate the lease as a new tenant is interested - but i want my outstanding rent from the current tenant before i terminate the lease.

Attachment: 2015-06-26_072816_lease.zip

Expert:  Ash replied 2 years ago.
I can't download a zip file onto an iPad. Can you look and see if it gives you right of re entry?
Customer: replied 2 years ago.

sorry about that - - please see clause below that is on the lease

C. Failure to pay rent as above will automatically terminate the lease

DEFAULTS

C. Financial Remedies.

In the event of any default, re-entry, expiration and/or dispossession by summary proceedings or otherwise, (i) the Rent shall become due
thereupon and be paid up to the time of such re-entry, dispossession or expiration, together with such expenses Landlord may incur for legal expenses, lawyers’ fees, brokerage, and/or putting the Premises in good order;

(ii) Landlord may re-let the Premises or any part or parts thereof; and/or (iii) Tenant shall also pay Landlord liquidated damages for his failure to observe and perform the covenants in this Lease.
Landlord may, at his sole option, hold Tenant liable for any difference between the Rent payable under this Lease during the balance of the Lease Term, and any rent paid by a successive Tenant if the Premises are re-let. In the event that after default by Tenant Landlord is unable to re-let the Premises during any remaining term of this Lease, Landlord may at his option hold Tenant liable for the balance of the unpaid Rent under the Lease for the remainder of the Lease Term. Landlord shall be responsible for mitigating its damages.

hope this helps

Expert:  Ash replied 2 years ago.
Ok, in this case you can just go in change the locks and pursue the Tenant for the rent arrears. You need to get a certified bailiff to attend and secure the property for you, as this is what is required. But if you instruct a bailiff then he can go in and secure the premises.
Can I clarify anything for you about this today please?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

thank you for your help - i will appoint bailiffs

Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex