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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a commercial Lease and I am in arrears on the

Customer Question

hello
I own a commercial Lease and I am in arrears on the rent..... The landlord has entered and taken the keys and locked me out of my business with no notice / letter / etc ... Is he allowed to do this?
Rgs
Tim
Submitted: 2 years ago.
Category: Property Law
Customer: replied 2 years ago.
this is in my lease:
FORFEITUREThis lease comes to an end if the Landlord forfeits it by entering any part of the property, which the Landlord is entitled to do whenever;(a) payment of any rent is 14 days over due, even if it was not formallydemanded(b) the Tenant has not complied with any of the terms in this lease(c) the Tenant if an individual (and if more than one, any of them) is adjudicated bankrupt or an interim receiver of his property is appointed(d) the Tenant if a company (and if more then one, any of them) goes into liquidation (unless solely for the purpose of amalgamation orreconstructions when solvent ), or has an administrative receiver appointed or has an administration order made in respect of itthe forfeiture of this lease does not cancel any outstanding obligation of theTenant or a guarantor
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Does the lease allow right of re entry please?
Customer: replied 2 years ago.
lease attached
Customer: replied 2 years ago.
thanks
Expert:  Ash replied 2 years ago.
How much and how long are you in arrears please?
Customer: replied 2 years ago.
August was £1500+£623 insurance
September was £1500+£623 insurance
I have paid £1500 in this period
Expert:  Ash replied 2 years ago.
Gas bad news I am afraid. If you are more than 14 days late with the rent then the landlord can take possession. If you can show that you can pay the arrears and pay the current rent you can apply to the court.
You need to go to court, fill out a form called relief from forfeiture. You will complete an application and it be sited before a judge. If accepted the court will order that the landlord give you possession back.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
That's all thanks
Expert:  Ash replied 2 years ago.
Good luck.

Alex


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