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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 23780
Experience:  Senior Partner at Berkson Wallace
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I am having problems dealing with "tenants" who have a

Customer Question

Hello I am having problems dealing with "tenants" who have a periodic licence on a commercial lease. They are putting up barriers to any thing I suggest, Like surveyor visits, having a director to negotiate with etc. what can I do.
Submitted: 21 days ago.
Category: Property Law
Expert:  Stuart J replied 21 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

I need all the background before I can answer you fully - thanks

Customer: replied 21 days ago.
these tenants are from Lithuania and I let them work as a car repair shop for over 8 years. They have no formal lease, but I believe they have a periodic licence. Everything has been fine until recently when i went to the "boss" and told him he needed to get a "PATS" certificate with the electrics. This seemed to trigger a lot of agreesion and rudeness with him to me in front of his staff and mine. (I am a coach operator) I have now told him that we must obtain a lease or he should think about leaving. He is being difficult now saying he wont deal with me and despite giving him 6 days notice refuses to allow a surveyor to visit the property for rental valuation. He also doesn't want his name on the lease but two other people whom i don't know. I have asked him to get them to make contact with me, but nothing so far. What pressure can I put on them please
Expert:  Stuart J replied 21 days ago.

PAT certificate is nothing to do with the landlord normally because it’s only in respect of portable appliances which are not fixtures and fittings.  An electrical certificate on the whole building is a different thing altogether and on a periodic tenancy with no formal licence, it is the tenants responsibility.

With no formal documentation the landlord’s responsibility is merely to keep the building wind and watertight.  Everything else comes down to the tenant.  But nonetheless, not PAT.

I would suggest that you sent a solicitors letter giving him notice because clearly, he’s not going to take any notice from you and if he doesn’t eventually move out or sign a tenancy agreement, then you’re going to have to take him to court.

You don’t need me to tell you that it wasn’t your best idea to let them into the property eight years ago with no documentation.

However solicitors regularly deal with problems after the event and this is one of those where unfortunately, you are going to need the weight of a solicitors letter head and expertise behind you.

Customer: replied 2 days ago.
hello Stuart. Are you still able to take questions
Expert:  Stuart J replied 1 day ago.

Indeed. Provided of course it’s on the same subject otherwise you would need to start a new thread.