How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask senior partner Your Own Question

senior partner
senior partner, Solicitor
Category: UK Property Law
Satisfied Customers: 13322
Experience:  30 years commercial law
Type Your UK Property Law Question Here...
senior partner is online now
A new question is answered every 9 seconds

My friend has a 7 year lease on a property in Edgeware Road.

Resolved Question:

My friend has a 7 year lease on a property in Edgeware Road. He converted the use from A1 (retail) to A3 (mixed class) restaurant and cafe by putting tables chairs outside for eating and sisha without palnning permission.

Location is Edgware Road Stress Area, Council say "there are reasonable and appropriate conditions imposed to limit adverse effects and safeguard residential amenities and local environmental quality and his unauthorized use of property is now not controlled meaning he can trade at any time of the day into the early hours, plus further harm is the placing of tables and chairs outside and the smoking of shisha contravening A1 by A3 use.

After a year of the Council asking him to restore building back to A1 (Letters to landlord also), Council sent on 13 Feb 13 an enforcement notice that he had 1 month to comply and upto 28 March to appeal.

The Landlord sent him on 22 Feb a s.146 notice asking him to comply in 14 days - he has done nothing albeit he had been promising to.

Is it too late to appeal to Council?

The landlord changed the locks last week with about 3/4 years left on lease and intends to put up the rent for the remaining years left - can he do that? Should he make an application to the court asking for a hearing? – it seems to me that he has forfeited his lease.

He cant get the lease because it is locked in the shop with his belongings.
Submitted: 2 years ago.
Category: UK Property Law
Expert:  senior partner replied 2 years ago.
Thank you for your question. This depends upon the terms of the lease but it is normal in commercial leases to provide for a right of forfeiture and reentry in certain circumstances and if your friend traded in breach of the planning consent and the terms of the lease and simply ignored both a s146 notice and the council's enforcement notice then it seems likely that that is exactly what the landlord has done. Unlike residential leases a commercial lease can be forfeit without court process.

Your friend can apply to court for relief against forfeiture but he should really have done this when the s146 notice was served. The court can take into account all the circumstances and frankly is not likely to be sympathetic to someone who has simply ignored the law but it is worth a try. He should get a solicitor to do this it is not something to attempt as a litigant in person.
senior partner, Solicitor
Category: UK Property Law
Satisfied Customers: 13322
Experience: 30 years commercial law
senior partner and other UK Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for help it will help in clarifying his position. However I am still unsure as to whether the landlord can

(i) lock him out with his belonging still in the shop and

(ii) increase the rent for the remainder of the lease, if he was to be allowed to continue with the lease which he says has about 3/4 years left to run?

Expert:  senior partner replied 2 years ago.
Hi thanks for the follow up.

To be clear. Yes the landlord can do this. the landlord having enters into possession can distrain on any goods in the premises for the rent and damages.

The lease is forfeited so there is not continuing term. he landlord can relet fro what ever he wishes.

The only remedy for your friend is to got to court and challenge the forfeiture or ask for relief .

as long as the lease has the usual clauses in it , the Landlord is within his rights

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Thomas



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Alex J.'s Avatar

    Alex J.


    Satisfied Customers:

    LPC, 2 Years Conveyancing
  • Buachaill's Avatar



    Satisfied Customers:

    Barrister 17 years experience
  • Matt J's Avatar

    Matt J


    Satisfied Customers:

  • John Knox's Avatar

    John Knox


    Satisfied Customers:

    solicitor with 8 years experience
  • PortsmouthLaw's Avatar



    Satisfied Customers:

    I have been a solicitor, dealing with property law issues since 1981