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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 6797
Experience:  27 years as a practising solicitor.
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I rent a shop and i have an area to the outside, rear of my

Customer Question

I rent a shop and i have an area to the outside, rear of my shop which the shop next door erected a shed for storage etc. When i found this out it was agreed that they pay rent weekly for using my space (as i was going to rent the area out to someone else to help with my monthly rent). I have since never received any money and have tried to speak to the business owner but had no luck. I wrote a letter asking them to pay up to date or i would have to ask that they remove the shed. The frustrating thing is i have since learned they have been renting out the shed to someone to use as a storage area. This was my original plan and i am out both ways. In my letter i gave them 14 days to pay their arrears up to date or if they had no intentions to remove the shed. I have heard nothing and the person is still using as storage. What can i do now?
Submitted: 11 months ago.
Category: Scots Law
Expert:  JGM replied 11 months ago.
Thank you for your question.

Is there anything in writing, such as a lease or licence agreement.
Customer: replied 11 months ago.

there isn't a lease with myself as i wasn't aware they were putting the shed there on my property. when i realised it had been built (when i went to measure up for my own storage unity to be placed there to rent out), i approached them and they agreed to pay weekly for their shed to be on my premises. i have never received this and i am presuming they can't keep their shed on my property?

Expert:  JGM replied 11 months ago.
You are absolutely right. They have no right or title to be on your land. If they won't comply with the agreement you made with them you can insist that they remove the shed. If they don't you can have it removed yourself and charge them for the cost of doing so.

Happy to discuss further.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 6797
Experience: 27 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 11 months ago.

I have written to them and had no response, do i notify them again that i will be removing the shed and is there anything under the land reform act by which i need to specify to them or even can you point me in the right direction as to what the best action to take now is?


 


Your answers have been a great help, thank you

Expert:  JGM replied 11 months ago.
This is a matter of contract and there is no Act that you have to follow especially where there is no written lease.

You must have to give written notice of your intention to remove the shed from your land unless they do so within seven days, for example.

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