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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12178
Experience:  30 years as a practising solicitor.
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Scots Law
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Can a landlord throw me out of my business premises without

Can a landlord throw me... Show More

Can a landlord throw me out of my business premises without a court order. I have not breached any agreements and never had rent arrears or late payments, he says he just wants to use premises himself. I had initial lease for one year written and verbal agreement if business went ok I could renew lease for longer period 3-5 years. Both lease and verbal agreements were witnessed. The lease came to an end in April 2014. When I asked for new lease he stalled, and then he tried to give me a lease for only six months which I said was no good and outwith our agreements. I did not sign this lease as it was not what was agreed. I was under the believe under 'tacit relocation' the lease would automatically carry on for one year period as at no time prior to the end of the contractural period did my landlord serve notice to quit or the lease would not be renewed or amended.

Please help. He now threatens to throw me out this September.

What can I do to stop him.

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Thank you for your question.
He can't throw you out without a court order. Although the verbal agreement for an option to renew is not enforceable (a lease has to be in writing), you are correct in that tacit relocation applies. The earliest he can ask you to leave upon giving notice is April 2015 assuming there is no clause in the written lease excluding tacit relocation.
If he is threatening to throw you out you can go to court and get an interdict preventing him from doing so and from interrupting your peaceful occupation of the subjects under the lease.
I hope this helps. Please leave a positive response so that I am credited for my time.