I agreed to allow a friend to use my commercial property rent free and wiyhout a lease to help her set up her airdressing buisiness. I now want her to leave because i wish to sell the property. She is refusing to leave and says she has a right to be there because she has decorated and fitted out the shop. How do I get her to leave
Province/Country relating to question : Martin
Asking her verbally and in writing to leave
HiThanks for your question and detail you have provided. For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-1. What were the terms of her occupation (ie. orally agreed rent or fixed term(if any)Kind regards.Tom
1) Occupation for 6 months rent free, then rent payable after that if her buisiness was successfull agreed orally
Hi, Thanks for your reply. So the 6 months rent free have expired and the tenant is simply occupying on a month to month basis, correct?There was no longer term agreed after the 6 month period?This is for a property in the UK, correct?Kind regardsTom
HiThanks for your reply. If there was no written agreement and no oral agreement as to the specific length of time that she would be able to stay after the 6 months rent free period then she is effectively occupying under a Tenancy At Will. Such tenancies do not have security of tenure. Provided you did not agree that if she carried out works to the property then she could stay for a defined length of time then it will be relatively easy to get her out. This means that you would have to serve her notice stating that you are terminating the tenancy at will, giving the date, address details, and the length of notice (eg. 4 weeks) and that you shall instruct bailiffs to effect eviction in the event she does not vacate on the date the notice expires. Because the tenancy is a tenancy at will she does not have security of tenure, therefore it is not necessary to apply for and obtain an Order for Possession from the Court. You can simply wait until the notice has expired and then instruct bailiffs. As to the works she has carried out, if there are fixtures/fittings that can be removed which she added there then she is free to remove them unless you both agreed that she could install them but that they would remain at the property.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. You will not be charged any further money for clicking accept.If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”. Kind regards,Tom
BA (Hons), PgDip, Practising Solicitor
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