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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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My brother & I have a commercial lease with a tenant (an

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Hi, my brother & I have a commercial lease with a tenant (an LLP) that is now liquidated and subject to a winding up order notice. The main director immediately set up a new company and expressed a wish to continue with the lease under her new company. She has now been given a new draft lease, but has not paid a single penny in rent since 1st July - rent was due 1st August then monthly. After a month sitting on the new lease I've had to chase her for queries and when she might pay. She is not being honest and we now don't wish to sign a new lease with her as there is a danger she will go bust again. Are we right in saying that the old lease is now expunged and that she is 'holding over'? Do you think she has a periodic tenancy now, in which case can we simply serve her on 1st December with a 1 months' notice to quit the premises? Her old lease had no forfeiture lease, no guarantor and was not exempt from the 1954 Act (we did not do the last lease, our mother did). She owes us 4 months rent which comes to £3833.32. On first December that will escalate to £4791.65 if she doesn't pay anything again. We want to cut our losses and get a new reliable tenant without getting into huge legal wrangle with her. Thanks
Assistant: Where are you? It matters because laws vary by location.
Customer: Cheshire, UK.
Assistant: What steps have you taken so far?
Customer: Emails, texts, phone calls, all leading towards attempt at new lease until yesterday when I decided I didn't want the ongoing stress with this tenant for the next 5 years on a new lease as well. I told her I just didn't want to offer a new lease any more.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I think that's all, thanks.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

What is it you want to achieve ?

Customer: replied 22 days ago.
We'd like the premises vacant to let to a new tenant a.s.a.p.

Has any new lease been signed?

Customer: replied 22 days ago.
No new lease has been signed. A draft was sent to her a month ago but she has queries and is yet to offer a credible guarantor.
Customer: replied 22 days ago.
I told her yesterday I didn't want to sign a new lease with her now as she is not being straight with us and owes us so much money. The old lease with her dissolved company runs out 30th November 2019.

Ok and they have not paid anything? Does the old lease have a right to entry in it?

Customer: replied 22 days ago.
They have paid nothing since old company went to the liquidators end of July. Old lease unfortunately has no right to entry and no forfeiture, I've just re-read it. She wants new lease for her brand new company only incorporated July 2018.
Customer: replied 22 days ago.
New company created after split with her former business partner, I should add, that's why they went into voluntary liquidation, he has since bought up the client list I found out recently. This one director is the only continuity now with old company and the new one.

Have you served any notice to quit?

Customer: replied 22 days ago.
Not yet no as not sure of our rights

You don’t have to renew. If they have not paid anything just serve a notice to quit.

Then if they refuse to leave you can seek a court possession order.

A court is not going to refuse this if they have to failed pay rent.

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

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Customer: replied 22 days ago.
Just one final query, do I need a solicitor to serve a notice to quit please?