Lease ending this month.

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    Lease ending this month.

    Hi has anyone any advice please. My tenants lease ends on Nov 30 th. She has been late with payments on many occasions and has only paid half of October's rent ,non of November's, and wants an extension of a month ,December which is her busy time.i'm not confident of her paying ,and suspect she's going to take the money and run. Can I just refuse this request and take back the premises next week? Are there restrictions due to COVID regs,? Or is it simply a case of thankyou and good-bye. Any advise would be as appreciated...Harry.

    #2
    How has the lease been brought to an end? A lease does not simply end as a result of the term certain reaching expiry. The parties automatically hold over (unless the lease has been excluded by prior written agreement from Part 2 of the Landlord and Tenant Act 1954) . If you have served a s25 notice to end the tenancy on November 30th that's a different story; if not even if the tenancy ends contractually it does not end legally. Unless brought to an end legally it continues periodically. So in a nutshell you dont have the right to take the premises back even if she is running arrears.

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      #3
      go and see your tenant and see if you can get some wonga out of her. Its more difficult to say no to a person sitting in front of you.

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        #4
        Although legislation has changed it used to be that if a Commercial Tenant was one day behind with the rent you could instruct Bailiffs to go in and seize goods immediately if it was for unpaid rent, or even if the tenant had not paid the building insurance although that may be down to the wording of the lease.
        As "Landlord" above says it depends on how you served the Notice to Quit.
        Personally I would send in the Bailiffs now, (if you can) You may find that your tenant although owing you the rent may have enough money to pay a solicitor to challenge the ending of the lease. You may have to go to court to argue that she is not a fit person to have a continuation of the lease as you had to send in the bailiffs for the money.

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          #5
          I think you will find that section 82 of the Coronavirus act 2020 means that bailiffs still cant be brought in against commercial tenants yet for rent arrears and hence your advice Piffy wil not fly. Money judgement is about all you can do other than counselling defaulting tenants to cough up

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