The Tenant is a joint owner of the property do I need his permission to take action?

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    The Tenant is a joint owner of the property do I need his permission to take action?

    I own a commercial property jointly (equally) with another individual. The individual operates his business from the property, the business is a limited company and a lease is in place, the limited company is named as the tenant. The individual has run up arrears of several thousands pounds, all requests for him to pay the rent in full and pay the arrears have been ignored. I am considering going down the CRAR route, can i do this without his agreement?

    Thanks

    #2
    CRAR route, can i do this without his agreement?

    Are you the sole landlord of your tenant. Or is your tenant also a landlod to himself, as 50 % owner ?

    Is this right that the company leases the premises to one of it's own directors ?

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      #3
      You say tenant is named as limited company.

      Does lease say anything about who (eg human ) or what (eg company) pays the rent.

      Who or what is named as landlord in the lease? Sometimes landlord is not the owner.

      Is ownership by both of you as individuals or by, say, shares in a company?

      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #4
        I do not think that you can go down the CRAR route as the tenant is joint owner of the property. To be absolutely certain though, I would pose your query direct to one of the CRAR agencies. They would be able to advise further on this.

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          #5
          Hi All

          Thanks for the replies

          Are you the sole landlord of your tenant. Or is your tenant also a landlord to himself, as 50 % owner ?
          No I am not the sole landlord, we own the property jointly. The property is leased to a limited company, the other owner is MD and 100% shareholder of the limited company.

          Is this right that the company leases the premises to one of it's own directors ?
          No, we lease the property to a limited company. The other owner is MD and 100% shareholder of the limited company.

          You say tenant is named as limited company
          Yes that is correct.

          Does lease say anything about who (eg human ) or what (eg company) pays the rent.
          The limited company is described as the tenant, the tenant is responsible for paying the rent.

          Who or what is named as landlord in the lease? Sometimes landlord is not the owner.
          The other owner and I are named as the landlords.

          Is ownership by both of you as individuals or by, say, shares in a company?
          As individuals






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