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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 7707
Experience:  Solicitor
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I HAVE A COMMERCIAL PROPERTY (VEHICLE REPAIR GARAGE). THE

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I HAVE A COMMERCIAL PROPERTY (VEHICLE REPAIR GARAGE). THE TENANT WROTE TO SURRENDER HIS LEASE AND A DEED OF SURRENDER WAS SIGNED AND WITNESSED IN FRONT OF A NOTARY PUBLIC. WHILST HE WAS RENTING THE UNIT HE SUBLET THE PREMISES IN BREACH OF THE LEASE AGREEMENT.
HE NOW REFUSES TO VACATE THE UNIT. I EMPLOYED BAILIFFS TO GAIN PEACEFUL REPOSSESSION. THE TENANT CAME AND BROKE THE LOCKS. I CALLED THE POLICE WHO REFUSED TO PREVENT THE PERSON FROM ENTERING MY PREMISES. THEY STATED THAT IT WAS A CIVIL MATTER AND I'D HAVE TO APPLY TO COURT.
WHY WOULD I NEED A COURT ORDER IF THE TENANT HAD ALREADY SURRENDERED the lease?

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

You would not - but this is a civil matter. The Police deal with criminal law.

They should arrest the tenant for criminal damage.
But they may (and appear to do) consider this to be a civil matter.

But I don't think ordinarily you would need a Court order. The tenant has surrendered.

But you can apply for a Court order using form N5:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n5-eng.pdf

You can also include loss and damage. Remember to highlight that the tenant surrendered and has broke in again.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 6 months ago.
WOULD I NEED A SOLICITOR/ BARRISTER TO APPLY TO THE COURT AND WHAT IS THE PROCEDURE AND LIKELY COST FOR THE COURT ORDER?

You can have one if you wish. I would recommend a public access Barrister which you can find at:

www.clerksroomdirect.com

www.mybarrister.co.uk

The cost of the Court order is £308 plus legal fees.

Does that clarify?

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