commercial lease holder disappeared

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    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

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