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INC Law
INC Law, Solicitor-Advocate
Category: Property Law
Satisfied Customers: 16352
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I would like to ask a couple of questions regarding landlord

Customer Question

Hello, I would like to ask a couple of questions regarding landlord and tenant law please
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: Birmingham
JA: Has anything been filed or reported?
Customer: no
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 that's ok. Mainly hypothetical questions
Submitted: 15 days ago.
Category: Property Law
Expert:  JimLawyer replied 15 days ago.

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Customer: replied 15 days ago.
Hello
Expert:  JimLawyer replied 15 days ago.

Sorry to hear of the issue.

Could you please set out the question for me.

Customer: replied 15 days ago.
Fab
Expert:  JimLawyer replied 15 days ago.

Just to confirm, it's a genuine legal problem and not for a University / college question?.

Customer: replied 15 days ago.
basically these are hypothetical questions I have. I'm just not clear about how they work.Firstly, a landlord wants to obtain his properties (which are terraced houses), back after leasing out to businesses, what kind of advice would he need to seek possession and procedures he would follow?Baring in mind these tenants have different lease contract?
Customer: replied 15 days ago.
Sorry hoping it makes sense
Customer: replied 15 days ago.
uni, not going to lie!
Customer: replied 15 days ago.
I did say hypothetical
Customer: replied 15 days ago.
It's ok if you can't. I will leave
Expert:  JimLawyer replied 15 days ago.
Thanks, ***** ***** under commercial law, also I can't help for an assignment or anything like that, sorry - another expert may be able to assist further with this however - I will opt out to let someone else take over. 

Customer: replied 14 days ago.
Hello, I haven't been matched. So I will not use this service. Thank you anyway
Expert:  INC Law replied 14 days ago.

Hi,

Thank you for your query, I am a Solicitor-Advocate in the UK and will be assisting you with your question today.

What kind of agreement does the Landlord have with the businesses? What agreements to the businesses have with the tenants?

I am assuming there is some form of company let or management agreement in place.  What are the terms of those agreements?

Expert:  INC Law replied 14 days ago.

Hypothetically, if let on a company let, the landlord would either require vacant possession or will take the property back with the occupants.  It would depend what kind of agreement the occupants have.

Expert:  INC Law replied 14 days ago.

A landlord would be able to take possession by serving notice under the company let.  The businesses , in turn, would have to serve notices on the tenants.

If the tenants do not vacate, the businesses would have to pursue through the courts.

I hope this helps. If you have any further questions, please do not hesitate to ask.

Kind regards,

Customer: replied 14 days ago.
The accommodation are terraced houses where the tenants are using as office for businesses. One has an expired contract, other has a long term more than 20 years but he is making alerations yo the property and last tenant has just a contractual lease ending end of year.
Customer: replied 14 days ago.
The landlord wants the tenants to leave so he can change the premises into flats.
Expert:  INC Law replied 14 days ago.
Hi,

If they are being used as offices, this is commercial.  The landlord would have to serve notice under the terms of the lease.  If there is no lease, the landlord would have to serve notice in accordance with the provisions of the Landlord & tenant act 1954.

Expert:  INC Law replied 14 days ago.

If a landlord wishes to bring a current tenancy to an end then he would need to serve the tenant with a Section 25 Notice followed by an application to the local county court to bring the tenancy to an end. If the landlord wishes to keep his tenant, but on new terms, again a Section 25 Notice will need to be served on the tenant followed by a court application. It is important that commercial tenants properly understand the consequences of being served with a Section 25 Notice and act appropriately.

Customer: replied 14 days ago.
Ok, tears exactly what I thought too. I needed clarification I'm on the right track.
Customer: replied 14 days ago.
That is...
Expert:  INC Law replied 14 days ago.

You're welcome.

Good luck

Customer: replied 14 days ago.
Section 25. Are there any time limits.What about the alterations being made by a tenant, the landlord is not happy but would that mean I need to think if the contract has an FRI. I don't know if these are even contractual or verbal contracts. Does that matter too? I think so. ..
Expert:  INC Law replied 14 days ago.

Yes it does. If there is no written contract, it is an implied lease under the terms if the 1954 Act.

Customer: replied 14 days ago.
You was amazing. You basically taught me, clarified my work and made me feel confident. Thank you.
Expert:  INC Law replied 14 days ago.

Its a pleasure.

Good luck!

p.s. Would be great if you could leave me a review on Trust Pilot.

Customer: replied 14 days ago.
Of course... Please send me the link.
Customer: replied 14 days ago.
Great
Expert:  INC Law replied 14 days ago.
Thanks. Good luck.
Customer: replied 14 days ago.
Thank you
Expert:  INC Law replied 14 days ago.

You're welcome