Tenant no lease

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    Tenant no lease

    Hello Everyone,

    I am hoping to get some advice and direction all of you. I have a tenant who moved into a commercial property 3 years ago. Prior to moving in, the tenant agreed to sign a lease etc however we somehow provided him with the keys and he started trading from there without a lease at the time.

    He runs an insurance claims company and stores cars in our unit.

    One year later, the tenant came to obtain a lease because his insurance company needed it from him- a FRI lease was signed, but my partner made a mistake and gave him the original, but forgot to take a photocopy of it. The tenant wont now provide us with a copy of the lease and denies ever signing one.

    Payment for the rent was being made quarterly, always few days/weeks overdue however he has been paying.

    I went to the property today and it was being used as a tyre shop, spraying booth etc. It looks like he might have sub let the property!!

    I want him out- what can I do now? I would like to serve him notice to vacate the premises as soon as possible.

    can some let me know what i need to do?

    anyone at all?????????


      I would just increase his rent by 50% as according to the tenant no lease exists according to the tenant so you can put the rent up as you wish. Deliver the letter showing the increase in rent to the premises, take a witness and try to get a signature for the receipt of the letter. This way he has to pay or apply to the court for a lease. He has the right to apply for a lease under the Landlord and Tenant Act 1954 and you have a right to apply to the court as well. This is the danger of renting commercial property without a lease but the law is a minefield even if you have a lease in place.


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