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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
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Experience:  Solicitor
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My tenant a limited company requested a "Deed of Surrender"

Resolved Question:

My tenant a limited company requested a "Deed of Surrender" of their lease which had eleven months to run. I granted this on 28th September 2016 (nine days ago). They still have not removed their machinery from my factory building. Can I claim compensation or take possession of their property.
Submitted: 9 months ago.
Category: Property Law
Expert:  Jamie-Law replied 9 months ago.

Hello my name is ***** ***** I will help you with this.

Have you given notice to remove the machinery yet please?

Customer: replied 9 months ago.
Customer: replied 9 months ago.
Their machinery should have been removed by 28th September 2016.
Expert:  Jamie-Law replied 9 months ago.

You can take possession yes and charge storage.

But you cant sell the machinery and keep the money, as it would belong to them.

But yes you can take possession.

Can I clarify anything for you about this today please?

Customer: replied 9 months ago.
What does taking possession actually mean? I assume then that I cannot own the machinery. Maybe I can make them an offer to buy at a reduced price. Is this an option?
Customer: replied 9 months ago.
Is there a limit on the storage charge?
Expert:  Jamie-Law replied 9 months ago.

Taking control. You cant own the machinery. You can offer at a reduced price but they can reject.

The storage has to be that which could be charged on an fair market - so comparable.

So you cant charge £1,000 a day when someone else would charge £200 a day.

Does that clarify?

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 9 months ago.
Thank you.
Expert:  Jamie-Law replied 9 months ago.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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