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LawyerDan90
LawyerDan90, Solicitor
Category: Law
Satisfied Customers: 284
Experience:  Expert
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We have a litigation enquiry for a commercial leasehold.

Customer Question

We have a litigation enquiry for a commercial leasehold.
JA: Where are you? It matters because laws vary by location.
Customer: Cambridge
JA: What steps have you taken so far?
Customer: still in discussion so no steps yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 13 days ago.
Category: Law
Expert:  LawyerDan90 replied 13 days ago.

Good morning, my name is ***** ***** I am a Solicitor. Thank you for contacting Just Answer.

Expert:  LawyerDan90 replied 13 days ago.

I will be able to help you by providing you with an answer to your question today. I am not always online but rest assured if I do not respond immediately, I will respond when I return.

Customer: replied 13 days ago.
Hi
Customer: replied 13 days ago.
We have an enquiry about litigation for the leasehold we are about to sell
Expert:  LawyerDan90 replied 13 days ago.

Thank you, ***** ***** is wide-ranging. Please can you confirm what the nature of your enquiry is? Kind regards

Customer: replied 13 days ago.
It is a commercial property with a flat above the shop and we have sold the business along with the leasehold to someone. It tool over 1 year for all 3 parties’ solicitors to agree on all terms and as we were about to sign the transfer of lease, Landlord sent us a bill over £20K and asking us to renew everything on the flat above the shop
Customer: replied 13 days ago.
We had a deposit of £15K and he is refusing to pay this. In the meanwhile the buyer of our business has also refused to proceed
Customer: replied 13 days ago.
However he has taken the keys from us and contiued the business in the shop and let the flat above the shop to someone who turned the flat upside down.
Customer: replied 13 days ago.
We can still fix the flat to the same condition when we took over but landlord refuses that and says apparently in the lease it says we need to renew everything (including redoing all kitchen, bathroom, floors, plasters etc.). I dont see this though
Customer: replied 13 days ago.
my question is, since the person who was willing to buy the business and the lease, accepted it and entered into the property and used it for over a year then he now says I will not sign the agreement and will not pay the money for business unless you agree the terms of landlord, Can we kick him out of the property and cancel transfer of lease and continue with our business (althought he changed the business from a takeaway pizza to coffee ship without our consent)
Customer: replied 13 days ago.
Sorry for the long text just never dealt with such situations and did not know how much you need to know
Customer: replied 13 days ago.
You can call me if it is easier
Expert:  LawyerDan90 replied 13 days ago.

If you are looking to take back possession of your premises whilst it is still occupied by a tenant, this process is referred to as “forfeiture”. However, you can only forfeit the lease of your premises if you have full legal grounds to do so. You must ensure that your leases contain any clauses that give you the power to do so, as, without it, your powers as a landlord are significantly restricted.

If you do have the right to forfeit, you can choose to do this in one of two ways:

  1. Peaceable re-entry – if you choose this option, you can simply enter your property and change the locks to stop the tenant from continuing to enter. However, this is considered a high-risk option, as your tenant could very well apply to court for “relief from forfeiture”.This means the tenant could take back possession as well as claim compensation for any losses incurred because of wrongful eviction. Please note that it is a criminal offence to attempt to retake possession by peaceable entry if there is anyone in the property who objects to it. If the right to peaceable re-entry has arisen, it can only be exercised against an empty unit.
  1. Applying to court for possession – this is the safer and more preferred route. However, it can also be a costly and lengthy process, so we recommend you consider this as a last resort.

The route you choose to take with your tenant will depend on the reason you have for the repossession of your premises.

Please be aware that it is a criminal offence to retake, or attempt to retake, possession of any property if there is anyone residing in the property. For example, where there is a flat above a shop that is included in the lease of the property.

Customer: replied 13 days ago.
Thanks for your response. Since we sublet the premises with verbal agreement to the tenant and landlord agreed with it, should the liability of the costs incurred be passed onto the tenant?
Customer: replied 13 days ago.
There is no written agreement between us and the tenant
Customer: replied 13 days ago.
Just to reiterate we are leaseholder not the landlord and the current tenant has entered into the property while the transfer of lease is taking in place
Expert:  LawyerDan90 replied 13 days ago.
Ok as this relates to an informal sub let you would need to ensure the landlord is made aware before you regain possession. You should place all communication in writing and give the other business a reasonable opportunity to respond. But yes , if they have not abided by the terms of sublet you will be able to regain possession
Expert:  LawyerDan90 replied 10 days ago.

I do hope you found my response useful. Do not hesitate to let me know if you require anything further. Daniel.