We have a commercial tenant who stopped paying the rent in February. He says since his business is not earning a profit due to lockdown, he does not have to pay the rent, can't pay the rent and won't pay the rent. He says he is legally entitled to do this because the government have banned landlords from evicting a tenant during lockdown. We let it lie for the first 2 months to try and smooth things over but now it's 4 months without rent and a written reminder has been issued to him. He says if he gets any more reminders he won't pay anything even once he's earning again and we 'will be stuck with him for 12 months with no rent'. He's told us we should claim the outstanding rent from the government ourselves. He runs a scrap yard from the property. Please advise!
Covid rent strike
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He's had a small business grant but he said it was not enough to allow him to pay the rent. (he has 6 kids to support). We haven't had any support ourselves as we are a limited company with no payroll, all profits staying in the company. There's no written lease but the terms are clearly established. We dont particularly want to evict so long as we get the arrears paid at some point. Unfortunately when such matters are broached, he conveniently reverts to his mother tongue and makes conversation impossible.
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perhaps concentrate on getting a payment from July (when everything is "normal" again) and then once things are calmer start pushing for a payment plan for the outstanding (eg upping monthly rent until paid off). He is trying to bully you into submission! You may consider a discount for the covid period to sweeten things?Unshackled by the chains of idle vanity, A modest manatee, that's me
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I suggested he resumed his standard rent payments (he pays every 2 months anyway). He said the law was in his favour and he didnt have the money. I then suggested that he was in breach of contract and then he said let's not get the law involved, I'll pay this may-june rent. Then I suggested he would have to pay back the arrears maybe a bit at a time which he agreed, albeit £50 every two months (his suggestion). Yes he's a bully, bombastic and loud at the very least.
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Originally posted by theartfullodger View PostEngage good commercial Landlord solicitor and issue notice ASAP
if a sole trader you may find it more fun to push through a bankruptcy order.
if LTD you can apply for a winding up order.
it might not get the rent arrears paid, it might not get him evicted (that might be a separate action), but it would show him who own the trousers.
did i mention I hate bullies.
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Reply to Notice to Quit (Commercial Property)by LawcruncherNo claim should be made until after the tenant vacates....
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Channel: Commercial Property Questions
22-01-2021, 09:59 AM -
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by adriaHi All, Seasons Greetings.
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Reply to Notice to Quit (Commercial Property)Another Fine Mess's suggestion that a notice is required is incorrect.
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Channel: Commercial Property Questions
22-01-2021, 09:56 AM -
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Reply to Notice to Quit (Commercial Property)I would get a Chartered Surveyor who runs a business selling and managing Commercial Properties and get it valued.
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Channel: Commercial Property Questions
22-01-2021, 09:13 AM -
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Reply to Notice to Quit (Commercial Property)Such a thing as such doesn't exist if you mean a s25 notice then you can buy a download from various on line legal suppliers
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Channel: Commercial Property Questions
20-01-2021, 22:13 PM -
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Reply to Notice to Quit (Commercial Property)by simlockHi, can anybody tell me where i can download this form please thanks Notice to Quit Commercial Property
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Channel: Commercial Property Questions
20-01-2021, 13:49 PM -
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by comm1985With todays supreme court ruling on the Covid 19 business interruption test case.
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Channel: Commercial Property Questions
15-01-2021, 17:04 PM -
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Channel: Commercial Property Questions
16-01-2021, 09:00 AM -
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Channel: Commercial Property Questions
15-01-2021, 21:54 PM -
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