Covid rent strike
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This week the tenant registered with companies house a s a limited company, giving our address as his registered address. Is this likely to affect the rental agreement? I think he's done it to avoid any future rent demands as well as release himself from any arrears.
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No statutory demands allowed until after september sadly, It appears commercial tenants can do as they please
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Answering my own question, it's because it's quite expensive with no guarantee of recovering anything. Unless you know they own something of value. Like a house, in which case they probably wouldn't be renting, but might be useful in very limited circumstances.
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Yes I second issuing a statutory demand, focusses their mind. I don't know why we don't all do it when we have rent arrears over 750. Anybody know?
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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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Engage good commercial Landlord solicitor and issue notice ASAP
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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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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?
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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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Is there a lease in place? Are you looking for vacant possession or rent recovery? I have a similar issue with a tenant.
He may not be able to be evicted now, but that won't last. I would imagine he has taken advantage of the help from the gov tho
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Covid rent strike
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!Tags: None
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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.
In April my tenants have 6 months left before I put the (commercial) property on sale. They knew from the outset that I would be selling it in due course and have been contracted out of the LTA 1954 right from the beginning of their tenancy (and also when an...-
Channel: Commercial Property Questions
24-12-2012, 16:27 PM -
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Reply to Notice to Quit (Commercial Property)Another Fine Mess's suggestion that a notice is required is incorrect.
Where a lease is outside LTA54 no notice is required because the tenant has no legal right to remain inn occupation after expiry of the contractual term. The tenant should be reminded that he must leave and the landlord...-
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.
I had a tenant in a commercial shop whose lease was running out. I asked a Commercial Estate Agent for a valuation and he found me a buyer.
Once a Solicitor who specialises...-
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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I wrote the above late last night; this morning's The Times is saying that the FCA representing policyholders obtained an order which paves the way for thousands of businesses compelled to close to be able to file for BI. It may not affect every policy, depends on the policy wording, so not quite time...
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Channel: Commercial Property Questions
16-01-2021, 09:00 AM -
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by comm1985With todays supreme court ruling on the Covid 19 business interruption test case.
Would that imply that landlords could claim loss of rent due to compulsory closure from Covid 19 lockdown measures?
Loss of Rent Clause wording below:
Compulsory Closure...-
Channel: Commercial Property Questions
15-01-2021, 17:04 PM -
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Channel: Commercial Property Questions
15-01-2021, 21:54 PM -
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by Baron HardupI am co-freeholder of a site with residential and commercial property.
My partner wishes to sell his share of the freehold.
It doesn't affect our commercial tenants but we are uncertain about our obligations to our residential lessees under Section 5 of the 87 L&T Act.
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Channel: Commercial Property Questions
12-01-2021, 16:45 PM -
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