Rent arrears: eviction?

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  • Another Fine Mess
    replied
    I the trenancy inside or outside the 1954 act, (although are short leases outside the act) If it was me on the assumption that as a hairdresser and has spent money of kitting out the premises, she presumably when the lease ends in 23 months time she will be wanting (?) to renew the lease for the business to continue.
    I would use a solicitor and see if you can evict her, I would also consider getting your solicitor to write saying that with the seriously outstanding rent you will at the end of the lease be objecting to a lease renewal due to her being not a fit tenant.
    I would also (assume) thats it a Full Repairing Lease and as the place has been kitted out I would send in an Electrician and have an Electrical Safety Check done, if there was a fire caused by dodgy electrics you may find that your insurance claim would be rejected.

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  • flyingfreehold
    replied
    There is an instrument called a "statutory demand" by which you can instigate bankruptcy. Some people have the intelligence to realise that going bankrupt would leave a long shadow, in terms of ability to obtain credit and so this is another option. It is quote cheap to have served. If there is no reply you bankrupt your tenant. A bankrupt cannot hold a lease.

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  • John J
    replied
    Thanks for your reply - and my apologies for my very late reply.
    It's a 3 year lease: March 2021 to March 2024.
    The tenant is a hairdresser and was given a 3 month rent-free period in which she didn't trade, but used the time to fit out / equip the premises for her business.
    She didn't commence trading until after Covid restrictions were lifted.
    There is no reference on the lease, type 'L.S.1. (Part) (Reg)' to any contracted out clauses.
    The tenant has now made attempts at settling the overdue rent account but remains 3 months+ in arrears.
    I hope this helps.

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  • neilt
    replied
    Yes, the government has ring-fenced any Covid arrears until 31st March 2022. After then - if they don't extend it- you will have to negotiate with the tenant how they are going to pay it. You cannot evict for rent arrears right now unless you can prove that they haven't been affected by the virus-which would be difficult.
    I use the Law Soc Leases but you haven't provided enough information for me to help any further. I.e. length of lease, contracted out, type of occupant's business?
    You need to seek professional advice

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  • John J
    started a topic Rent arrears: eviction?

    Rent arrears: eviction?

    My commercial tenant is in *serious* rent arrears - 10 months into the tenancy she's only paid one month. She has a standard Law Society lease.
    Can anyone advise if Covid rules prevent me from evicting her?

    Thanks.














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