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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2456
Experience:  Over 5 years in practice.
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I have a property which is commercial and residential above.

Customer Question

Hi I have a property which is commercial and residential above.
The same Tennant rents both a commercIl lease was issued back in 2010.
The last 2 mths the Tennant has not paid rent and the yearly insurance is in breach of the lease . How can k go about in evicting the Tennant. The Tennant has now asked me for a letter to separate rent for reaidential and commercial so they can claim housing benefit and asked me to make do with part rent . which I have not provided as they have not agreed to a rentL increase which was due in July and I made contact in March to get the rent review in ace I even got a rent review done and they still refused. Pls can you advise me
Submitted: 1 year ago.
Category: Property Law
Expert:  propertylawyer replied 1 year ago.


Depends on the terms of the lease. A standard commercial lease will contain a forfeiture provision which allows a landlord to re-enter the property and bring the lease to an end if rent is in arrears for a specified number of days. Usually 14 or 21 days.

I can review your lease, if you have a pdf copy of it, as an additional service. Would you like me to check the lease and the advise you on forfeiture?

Customer: replied 1 year ago.
It's a residential as well as commercial. Which doesn't make it straight forward .
Customer: replied 1 year ago.
I'm not happy with the response . The property is both commercIal and residential
Expert:  propertylawyer replied 1 year ago.

Residential and commercial leases have forfeiture provisions. If you want me to advise on this are you agreeable to send a copy of the document. Difficult to advise without sight of the documents.