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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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We have a commercial lease with Blackpool council for a

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We have a commercial lease with Blackpool council for a hotel. We accidentally allowed a lady to move into the living quarters of the property and she is now implying she is a tenant even though no agreement has been signed and no rent payment paid.How do we evict her?

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.

Im sorry to hear this - can i ask how did you accidentally allow this to happen?

Customer: replied 15 days ago.
sure- She initally was going to be working for us and staying in the quarters. However, she then decided she didnt want the job and now wont leave. The council have told us we need to get her out as the lease does not allow tenants- She is implying she is a tenant

If she has never paid any rent and there is no tenancy agreement then she is merely a visitor who has outstayed her welcome and you would actually be entitled to simply lock her out.

It would be different if she had paid rent.  This

It is often the case  that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house/business insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking.  Some do and some don't.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose.

Nonetheless, one of them does, even though they have been told by their respective legal advisers that they have a good chance of success.

If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court.

However I’m still of the opinion that you can simply lock her out because there is no tenancy here firstly because there is no documentation but secondly because she has never paid rent

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart J and other Property Law Specialists are ready to help you