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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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Scottish law tenant has leased my premises to a company

Customer Question

Scottish law tenant has leased my premises to a company without my permission can I evict without a court order
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

Is this residential or commercial?

Customer: replied 1 year ago.
Commercials
Customer: replied 1 year ago.
Commercial
Expert:  JGM replied 1 year ago.

A typical commercial lease would prohibit assignation or a sublet without landlord's reasonable consent. You can continue to claim rent from the existing tenant but you can serve a notice of irritancy on them telling them to vacate. If they don't then you do have to raise proceedings for removal in the sheriff court.

Customer: replied 1 year ago.
Can you evict without a court order bearing in mind the company who are their just now have no right to be their ie no lease in force
Expert:  JGM replied 1 year ago.

You would have to lock them out. Assuming you have the ability to secure the site, yes, but you would also have to go through the irritancy procedure to end the actual lease.

Customer: replied 1 year ago.
I am correct in thinking that they would need to start proceedings in the court to gain access and the original tenent would also need to do the same
Expert:  JGM replied 1 year ago.

The original tenant has right of access until the lease is ended. The current occupier would have no right of access.