Tenant's right to give TEXT message 1 day's notice to vacate

[John J]

More advice please!
My commercial tenant's lease came to an end in April 2019 but he stayed on with my blessing, on a monthly rolling tenancy on the basis that he gave me two month's notice to quit.
He's fallen into arrears (4 months) - I accept that I'm unlikely to get any rent owed.
On 29th November T sent me a text to say the property would be emptied and the tenancy agreement would be at an end from the following day, 30th November, and that the 2 month notice period agreement was void.

It's now 1st December and the T has left some furnishings behind - I suspect he hasn't even attempted to remove his odds and ends of furnishings.

Can I legally enter the property to change the locks?.

[theartfullodger]

Tenant's right to give TEXT message 1 day's notice to vacate

Does the lease say he can??

[John J]

No it doesn't..

[Lawcruncher]

Was the tenancy whose term expired in 2019 contracted out?

[John J]

I'm not sure what that means.
Prior to the end date of the lease (which endedApril 2019) I met with the tenant, along with the letting agent, it was verbally agreed that the tenant could remain in situ for 2-3 months beyond the period of the lease on a month by month basis and on the same terms and conditions, subject to T giving me 2 months notice to leave.
The lease, set up by the Letting Agent, is an 'Oyez' Law Society lease, L.S.2 (Whole)(Reg),.
I've had to chase the T for rent fairly regularly, he's never replied to me but he's infrequently brought his account almost up to date - until September - and of course the text message received on Sunday morning.

[darkstar]

If the lease says 2 months notice then i doubt you can change the locks. I guess that would be regarded as forfeiture which is a no go at the moment.

[Jon66]

Surely he has attempted to terminate the agreement and the landlord can accept the surrender or not.

[Dan_Manchester]

Surely he has attempted to terminate the agreement and the landlord can accept the surrender or not.

Agreed, I think you are good to go.

So long as the Tenant doesn't have a case for forced eviction (how hard have you been chasing for your lost rent?), perhaps just a text message (so you have something in writing) to the Tenant confirming you accept the end of the agreement and asking them to reply confirming they are happy with this?

Although I should say I'm taking zero liability if you get sued, I'm not a lawyer...

[Lawcruncher]

A lease is "contracted out" if before it is executed the landlord serves a notice in the required form on the tenant and the tenant makes a declaration that he understands that he will lose his statutory rights.

If the lease was contracted out then when it ended the tenant had no right to stay in the property. However, the verbal agreement entered into would have created a non-contracted out tenancy. The notice period agreed with the tenant would have been valid, but you would be required to give 6 months' notice.

If the lease was not contracted out then when the fixed term expired the tenancy continued by operation of law. Without any agreement the tenant would have been required to give 3 months' notice and you 6. Whether the oral agreement overrode or replaced the statutory continuation is not a question we need to consider given the situation.

Whichever situation applies, the tenant's contention that he only needed to give a day's notice is quite wrong. Whether he should have given 2 or 3 months' notice is another question which does not really need considering.

Since the tenant has abandoned the property and insisted that he has brought the tenancy to an end, I can see no harm in you entering the property and changing the locks. The action will bring the tenancy to an end. Whether it is ended by forfeiture or a surrender by operation of law is not really important. However, if it is a forfeiture, the tenant has a right to apply for relief, but I cannot see a court granting it. If you do bring the tenancy to an end you lose the right to any rent due after the date of forfeiture. Ideally, you would get the tenant to execute a deed of surrender.

How to deal with the tenant's belongings is a separate issue. If you cannot get the tenant's agreement you need to follow the statutory procedure; see here: https://www.shoosmiths.co.uk/insight...-property-8270

[John J]

Thank you Lawcruncher - I really appreciate the trouble you've taken here, matters are now very much clearer in my mind.
Thanks to everyone else who took the time and trouble to reply too!

[Flashback1966]

Is it in your interest to take possession? Will you be liable for Business Rates?

[flyingfreehold]

I believe you are the involuntary bailee of the tenants goods. In theory you have to give the former tenant a reasonable period to arrange to collect his stuff left behind before sending it to the tip.

[flyingfreehold]

Is it in your interest to take possession? Will you be liable for Business Rates?

If its a very tiny space there is an exemption