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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 6726
Experience:  Solicitor
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My tenant a limited company requested a "Deed of Surrender"

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My tenant a limited company requested a "Deed of Surrender" of their lease which had eleven months to run. I granted this on 28th September 2016 (nine days ago). They still have not removed their machinery from my factory building. Can I claim compensation or take possession of their property.
Jamie-Law

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

Have you given notice to remove the machinery yet please?

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Customer: replied 1 year ago.
Customer: replied 1 year ago.
Their machinery should have been removed by 28th September 2016.

You can take possession yes and charge storage.

But you cant sell the machinery and keep the money, as it would belong to them.

But yes you can take possession.

Can I clarify anything for you about this today please?

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Customer: replied 1 year ago.
What does taking possession actually mean? I assume then that I cannot own the machinery. Maybe I can make them an offer to buy at a reduced price. Is this an option?
Customer: replied 1 year ago.
Is there a limit on the storage charge?

Taking control. You cant own the machinery. You can offer at a reduced price but they can reject.

The storage has to be that which could be charged on an fair market - so comparable.

So you cant charge £1,000 a day when someone else would charge £200 a day.

Does that clarify?

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Customer: replied 1 year ago.
Thank you.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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