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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a landlord of a small commercial property. which was

Resolved Question:

I am a landlord of a small commercial property. which was granted only recently in July. 15 year lease three yearly reviews
now he can not pay the rent. he does not answer phone calls or e-mails. i still have one months rent deposit but i want to know what to do so i don't waste time chasing my money or to regain my property
meanwhile he has gone and bought a large machinery for his business in process they have cut and damaged the wall to take the machinery in
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Thomas replied 2 years ago.

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Did you instruct a solicitor to prepare the lease
  • 2. What does the forfeiture say about termination? It would usually state that if rent is unpaid for 21 days then you shall have the right to take back possession of the property

Kind regards.

Tom

Customer: replied 2 years ago.
1 - It was done through my solicitor
2 - I have not checked that but it is a standard lease
but surely i have to take him to court in order to reposess it. Is that right? or can I just go and change locks
Expert:  Thomas replied 2 years ago.

Hi,

 

Thanks for your reply.

 

If it is a standard lease then it will have a forfeiture clause, most probably based on the time scale I confirmed to you. If the rent has been outstanding for the period of time stated then you have the right to forfeit the lease (ie. Terminate it) and take back possession of the property at that point.

 

You would also be able to sue landlord for the loss you have suffered, so the unpaid rent, the rent remaining on the lease (though you will likely only get judgement on the amount of rent you would have earned until such time as you could reasonably have been expected to re-let the premises), legal fees and any other direct loss you have suffered as a result of the breach of non-payment of rent or other breaches of the tenant's covenant (including the disrepair caused by them).

 

If you are empowered by the lease to take back possession of the property then you need not apply for a Court order but you should speak to your solicitor. They will advise that notice is served on the tenant pursuant to the forfeiture clause in the lease. Things can get sticky if you attempt to take possession (ie. Potential allegations etc). Once notice has been served you can instruct a bailiff to take possession, though there is nothing preventing you doing it yourself though this is not advisable for the reason I just mentioned.

 

If you have a rent deposit then you will be able to make deduction in respect of the loss above provided it is standard form.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6598
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you
Customer: replied 2 years ago.
I also need to know what will happen to the machinery he has just bought
i think he has leased it or hire purchased it
Expert:  Thomas replied 2 years ago.

Hi,

 

You can also distrain the tenant's goods if at the property and the deposit is not enough to cover your losses, but I would steer clear of the machinery until your establish who owns the legal title to it.

 

Tom

Customer: replied 2 years ago.
I hope your are not charging me for follow up questions which I forgot in the first place
Expert:  Thomas replied 2 years ago.

You only get charged when you click accept. You have clicked accept once.


Good luck.


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6598
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Property Law Specialists are ready to help you

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