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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 30047
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a commercial tenant without a lease. He is claiming

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I have a commercial tenant without a lease. He is claiming that a builder of mine has put dust on his cars and has reduced the rent by £400. He has no formal lease. How do I claim this money from him
Customer: replied 22 days ago.
Aanynody there

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

May I confirm roughly how long the tenant has been in situ and if the rent he has paid throughout has been the same?

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer. If you are able to kindly provide me with the above further information or if you have any further questions generally, I will be delighted to expand on the following - please just reply back to me in this case:

Notwithstanding the above, in general terms I cannot see any basis for the claim that has been made unless the dusters actually cause damage to his vehicles. If it has, then he would need to prove that the damage was caused by your contractor in order to make a claim against you but if it is simply dust, then no damage has been caused.

If he has withheld rent, then following the expiry of the temporary coronavirus moratorium in respect of eviction and rent collection until March of next year, you would be able to seek recovery action against him in respect of the unpaid rent

I hope the above is of some assistance but if you have any further questions, please revert to me.

I trust the above answers all your questions for now. If you have any follow up questions please do reply back to me.

Customer: replied 18 days ago.
Thankyou for this. I willl draft a letter and send it to you for comment.
What steps should I take to get an inspection done on the property by a surveyor and can he stop this action taking place

If there is no lease then there will be extension be no provision allowing you to inspect. You would therefore need the tenants permission to inspect or a court order. A court would generally order that a landlord can carry out reasonable inspections on their property if a tenant has unreasonably refused.

Customer: replied 17 days ago.
Thankyou. Another question please. The property has been divided into three parts. So 6b has a larger part than no6. But the title deeds in the land registry shows it the other way round how do I get this changed

It is difficult to comment on this without knowing how the issue arose. If you own both properties you mention then this is likely to be able to be dealt with either by an application for a correction to the register if the Registry made a mistake. if the mistake was not the Registry's but a drafting error on a plan that was submitted at some point then a Deed of Variation would like be required. If the properties are not both owned by you then you would need to agree matters with the other owner or in default of which make a part 8 application to court for a correction.

Thank you again for visiting JustAnswer and see you again in the future I hope.

Joshua and other Law Specialists are ready to help you
Customer: replied 9 days ago.
I have a commercial tenant with no lease. He has put a sign on someone elses building. I have asked him to remove this but he wont. What steps do I take.