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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My landlord wants to evict us from a commercial property and

Customer Question

My landlord wants to evict us from a commercial property and is suggesting they can change the locks tonight but have not served notice on forfeiture of the lease.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: UK
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: We have been asking for an insurance schedule from them for 6 months which was £6,000 buildings insurance. We are a Community Interest Company and our grant funding depends on being issued with specific papers before grants can be released
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Property Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: UK Property Law
Expert:  Stuart J replied 5 months ago.

Is this a properly drafted lease and if so, is there a forfeiture clause in which says that the landlord can peacefully re-enter the property when the rent is overdue by 14 days (it could be 21 but it usually 14) whether formally demanded or not?

It would normally be in there. If you can't find it in you can send me a copy of the lease, I can read it for you.

Customer: replied 5 months ago.
Just says if at date of forfeiture there is any rent review in place then the initial annual rent shall be an open market value. That is the only part with a reference to forfeiture
Expert:  Stuart J replied 5 months ago.

If this was drafted by a solicitor I would be amazed if the clause was not in there. If it is not, then he cannot do what he proposes without a court order. If he does you could make an emergency application to court to compel him to let you back in.

It may refer to forfeiture or foreclosure. It may not refer to either, it may just talk about the rent being overdue and the landlord re-entering the property and the lease coming to an end or the lease will determine.

You would need to do what a solicitor does and read the lease from end to end in minute detail.

If the clause is in there, that clause is actual notice that if the rent is overdue by more than a certain number of days even if it has not been demanded (the tenant is supposed to pay the rent without being asked) then the landlord can simply enter the property and change the locks. Even if you brought the rent up to date, once the leases forfeit, he does not have to let you back in.

He does have to give you your property back however.

Here is what I’ve said but in a little more detail.

http://www.saracenssolicitors.co.uk/commercial-litigation/raising-the-roof-forfeiture-of-a-commercial-lease-litigation

The landlord no longer has the right to sell your goods left behind in the property to pay outstanding rent.

A tenant’s rights in a commercial property are nothing like they are in a residential property. A residential tenant has much more protection than a commercial one.

Does that answer the question?

Can I answer any specific points arising from this?

Please don’t forget to use the rating service to rate my answer positively so that I get paid for my time today. No rating = no payment!

You may get the impression that the thread closes after rating, but it does not, it remains open and we can still exchange emails if anything needs clarification.

Kind regards

Expert:  Stuart J replied 5 months ago.

If this was drafted by a solicitor I would be amazed if the clause was not in there. If it is not, then he cannot do what he proposes without a court order. If he does you could make an emergency application to court to compel him to let you back in.

It may refer to forfeiture or foreclosure. It may not refer to either, it may just talk about the rent being overdue and the landlord re-entering the property and the lease coming to an end or the lease will determine.

You would need to do what a solicitor does and read the lease from end to end in minute detail.

If the clause is in there, that clause is actual notice that if the rent is overdue by more than a certain number of days even if it has not been demanded (the tenant is supposed to pay the rent without being asked) then the landlord can simply enter the property and change the locks. Even if you brought the rent up to date, once the leases forfeit, he does not have to let you back in.

He does have to give you your property back however.

Here is what I’ve said but in a little more detail.

http://www.saracenssolicitors.co.uk/commercial-litigation/raising-the-roof-forfeiture-of-a-commercial-lease-litigation

The landlord no longer has the right to sell your goods left behind in the property to pay outstanding rent.

A tenant’s rights in a commercial property are nothing like they are in a residential property. A residential tenant has much more protection than a commercial one.

Does that answer the question?

Can I answer any specific points arising from this?

Please don’t forget to use the rating service to rate my answer positively so that I get paid for my time today. No rating = no payment!

You may get the impression that the thread closes after rating, but it does not, it remains open and we can still exchange emails if anything needs clarification.

Kind regards

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