commercial lease holder disappeared

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    commercial lease holder disappeared

    hello everybody please a need advice, I have a commercial property lease to for 12years , she have used 4years . the shop was opening during the lockdown because they are selling essential item. About 18 months now I have not see the leaseholder any time I went there ,they will said she is not around .About 5month ago they stop paying. there is new person using the shop now. I can't find the leaseholder I went to her home address. nobody knew her, can't contact her on phone nor mail. Her guarantor die during the lockdown. just discover the new person have is living in part of the premises. When ever I go to inspect the premises I'm not allow ,even if I write letter to notify them ,they will said the boss is not here ,I should contact her but I can't . Please advice me what to do , no rent ,no leaseholder, no guarantor and now converted part as a residential

    #2
    The first thing I would do is ring the Council and tell the Business Rates Department that you own the property and would they tell you if they have been notified of a change in who pays the Business Rates.
    With that information I would approach a solicitor who deals with Commercial Leases and get him to deal with it.
    If it is a shop which is Vat registered you could send someone in to buy something, Get a VAT receipt and I believe that from a Vat Registration Number you can find out who the business belongs to.
    If you have an ordinary Business Lease most have that the Landlord can charge the tenant for Buildings Insurance, And if it is not paid you can/could send in the Bailiffs to take payment, you would then find out who was the person running the shop.
    Also I would get a firm of Chartered Surveyors who do Commercial Property and ask them how much rent you could charge a "new" tenant. And be there when he goes in.

    Comment


      #3
      Do they have the right to assign the lease? If they have assigned or are subletting the property without your consent you may be able to forfeit the lease if the lease allows. If they have breached other covenants in the lease the same should apply. You need a commercial solicitor to look at the lease to advise you

      Comment


        #4
        Thank you everyone, The lease did not allow subletting without consent. the lease did not allow them to be living there. The solicitor I talk to as advice said they have breached the covenants in the lease but there is noting I can do now because of the Covid 19 Act

        Comment


          #5
          I think you could potentially make a claim against the guarantors estate.

          Comment


            #6
            she only got one guarantor, he die last year December during the lockdown

            Comment


              #7
              Originally posted by yellowb2 View Post
              she only got one guarantor, he die last year December during the lockdown
              You have failed to understand my comment - you could potentially make a claim against the deceased guarantors estate - speak to a solicitor regarding this.

              Comment


                #8
                I am under the impression that the coronavirus act only applies to safeguarding tenants who are affected by the downturn in trade due to C19.
                I can't see how subletting or assigning without permission has anything to do with the pandemic. However i'm not a solicitor so not qualified to advise

                Comment

                Latest Activity

                Collapse

                • Looking for a Commercial Lease template for a retail shop
                  by Starlightscamper2021
                  Hi all,
                  Please could you point me in the right direction for a Commercial Lease template for a shop my mother owns (currently used as a barbers), which has a residential flat above (this is let separately, & there is no access from the retail shop into the flat)?

                  I've looked at...
                  06-05-2021, 16:25 PM
                • Reply to Looking for a Commercial Lease template for a retail shop
                  by Piffy
                  I would suggest that you consult a Chartered Surveyor for advice. Not only would he be able to advise as to what rent you could charge the tenant he may be able to direct you to a solicitor who does Commercial Leases. And it has been my experience (as a tenant) that many Landlords make the tenant pay...
                  07-05-2021, 13:53 PM
                • Unwritten Commercial Lease
                  by Bengt Lagander
                  We want to buy a commercial unit which has am unwritten lease and where the landlord has accepted rent of circa 2/3 market value for over 3 years.

                  The tenant is likely to have security of tenure under the 54 Act and will require compensation in any successful eviction.

                  But...
                  30-04-2021, 14:32 PM
                • Reply to Unwritten Commercial Lease
                  by Lawcruncher
                  There is no "deemed length" for an unwritten tenancy; however it can never be for a period exceeding three years. An unwritten comercial tenancy will usually be periodic and the periods equal to the frequency with which rent is paid. Full details should be supplied to your conveyancer....
                  30-04-2021, 16:36 PM
                • Gas leak: responsibility?
                  by John J
                  My new commercial tenant (a rare animal in these strange times!) moved in a month ago with the benefit of a rent free period of 4 months.
                  She's since complained that there was a significant amount of re-plastering needed, to keep her sweet I agreed to pay 50% = £900.

                  She's now complaining...
                  28-04-2021, 05:22 AM
                • Reply to Gas leak: responsibility?
                  by Section20z
                  Just depends on what the lease says, if it's full repairing as is usual then tenant is responsible, but in current climate and with safety in mind you might want to send a gas Safe engineer in and get it sorted. Can't be dear can it ?
                  30-04-2021, 07:55 AM
                • Reply to Gas leak: responsibility?
                  by darkstar
                  Your responsible to have the gas safe check completed before the tenant occupies the property.
                  How does she even know that a gas leak exists?
                  29-04-2021, 20:03 PM
                • Reply to Shared water meter
                  by Piffy
                  OK but in the time it took for the third parties to get it to court they would have been without water. Its the Landlord who has dropped you in it and made yourself responsible for all the water in the premises.
                  29-04-2021, 09:10 AM
                • Shared water meter
                  by Linhdieu01
                  i currently rented a commercial shop on the ground floor
                  Basically the main water meter is installed in the shop and the building got 2 flats above with sub meters and the bills for my business is calculated for the whole building.
                  i tried to contact the letting agent of the 2 flats above...
                  29-03-2021, 23:18 PM
                • Reply to Gas leak: responsibility?
                  by Piffy
                  Get it repaired immediately, have a Gas Safe Inspection done. The fact that your tenant has reported a gas leak means that if there is a fire you are not insured.
                  Sort out who is going to pay for it later.
                  You may find that your tenant need to be educated on the responsibilities of a F...
                  29-04-2021, 09:00 AM
                Working...
                X