evicting commercail tenants

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

    evicting commercail tenants

    Hello can any one advise me what I should do to evict tenant who has not got a valid lease in his name, who has broken lots of trading rules, has trespassed onto other areas of the property, causing damage, I believe they have bypassed the electrical metres, have broken into the other sections of the property, have allowed drugs to be used in the other parts of the property, have not provided any details of rubbish removal, have burnt commercial waste in a part of the property they have broken into I e a residential flat!!,

    they have made threats of violence etc? the original lease was provided to a brother who has left the country, the lease he has is incomplete and not stamped or signed by a solicitor, it was provided after the property was sold at auction by the mortgage holder,
    the original lease was for a period of five years and could be extended by another but this is for 6
    I simply want these people out of my shop as they have caused a nuisance and damaged the building and broken into flats above and allowed drug use to proliferate!! please help

    #2
    Hello can any one advise me what I should do to evict tenant who has not got a valid lease in his name
    If there a valid lease in place (regardless of the name on it)

    I believe they have bypassed the electrical metres
    This is a Criminal Offence under Section 13 of the Theft Act: http://www.legislation.gov.uk/ukpga/1968/60/section/13 call the Police and report this to the electricity company who should immediately attend to investigate. If they find it has been "fixed" they may disconnect it.


    have broken into the other sections of the property
    This is also a Criminal Offence under Criminal Damage Act 1971 section 1 (1) http://www.legislation.gov.uk/ukpga/1971/48/section/1 Call the Police.

    have allowed drugs to be used in the other parts of the property
    This is also a Criminal Offence under the Misuse of Drugs Act 1971, http://www.legislation.gov.uk/ukpga/1971/38/contents. Report this to the Police. The Police also have a power of closure for such premises that are being used in connect with drugs.

    they have made threats of violence etc?
    Report this to the Police.

    Do not let the Police fob you off with "It's a civil matter etc" for any of the above.

    Is the rent up to date?

    What part of the property is residential, access to the flat/house can it be gained via an internal door or outside door? Is this residential property occupied? If so by these people or another tenant?

    I think you're going to have to start a possession claim to get these people out.

    Comment


      #3
      Hi Thank you for replying, Christ its been a year long struggle just to get a reply is great, The property is a shop (kebab) and two flats above, I have contacted both the The Police and the electrical suppliers, the electrical suppliers said thers nothing they can do turned up and put a new meter on!!, the tenants in the shop are foreign and seem to swap names every week, the elctriacl supply has been subject to several county court disconnection charges yet they seem to be able to say its not us it was our brother - friend etc and have it reconnected!!

      the flats above are - were joined by an internal door which I blocked off, the flats are subject to a prohibition order so no one is allowed to live in the property until some fire proofing is undertaken which wasn't when the building was converted from a laundrette to a takeaway food restaurant,
      I've not undertaken this work because the guy who owned the building before granted an assured short hold tenancy tpo his father before it was sold unde4r him granting the father two years rent free in the property to offset a fictitious loan!!

      the tenants of the shop I think deal drugs as do the police, the flats were rented to all and a sundry who paid the old owner via social, so the flats were occupied by druggies, shop lifters etc, who were in close companionship with the kebab shop people!!

      The poeple in the shop have not undertaken any work to make building safe, no fire certificates, burnt commercialism waste in the flats, have broken into the building above the first floor to gain access etc, they are subject to Council environmental enforcement orders and seem to ignore everything, the lease is a shame

      they were six months behind with rent and I entered property and changed locks put notices up and they settled rent in cash!!

      I want to evict them and not certain best route I have considerable evidence regarding demonstrating their wrong doing etc, I dot believe they have anything in place legally no rubbish management oil poured down drain no evidence of rubbish disposal etc,

      what's the best way to evict, simply repossess building saying lease is a shame and they have damaged building putting it at risk of fire re burning commercial waste in flats etc etc or taking a longer possession route?

      Thank you Dave

      Comment


        #4
        assured tenancy 2 flats ?

        Hi can anyone give me some advice with this, I purchased a property at auction where the bank sold the property utilising their charge on the property, between paying my deposit and completion the perosn who had the property sold from hon by the mortgage comapny produced a Assured short hold tenancy agreement, with benefit to his father, it relates to two flats i,e his father never lived in with no fixed term, the flats have a prohibition order on them due to afire risk no one can live in them until the work to stop the risk is complete, so the tenancy agreement has no start date, it runs for 24 months form the time the prohibition order is lifted,
        the monthly rent is £1.00 the father apparently lent the son £18.000 and for this he gets the right to this cyanate agreement for two years and can sublet the two flats, he has never lived in the property as at the time of the prohibition order - tenancy agreement which was also signed and produced the same day the prohibition order was set on the property!! the flats were rented out to multiple dsss tenants,

        the document was not signed by a solicitor and was not part of the auction sellers pack and not discoverable by me until I had paid my deposit? what do I do to ensure this chap cannot get access to property after I make the required improvements?

        Comment


          #5
          It cannot be an assured (shorthold) tenancy if:
          - the property is not used as the tenant's "only or principal" residence, and
          - the rent per annum is below the minimum threshold.

          so the tenancy agreement has no start date, it runs for 24 months form the time the prohibition order is lifted
          If the tenancy has not started yet, then there is at most a contract at the moment. That contract is between the seller and his father and does not bind you, nor will it after completion.

          Clearly they are trying to con you.

          Comment


            #6
            Two related threads have been merged.
            I also post as Mars_Mug when not moderating

            Comment


              #7
              Originally posted by jjlandlord View Post
              It cannot be an assured (shorthold) tenancy if:
              - the property is not used as the tenant's "only or principal" residence, and
              - the rent per annum is below the minimum threshold.



              If the tenancy has not started yet, then there is at most a contract at the moment. That contract is between the seller and his father and does not bind you, nor will it after completion.

              Clearly they are trying to con you.
              I have researched the old owner and he appears to have conned just about everyone on the planet,

              I'm a bit miffed as spent over £1600.00 on legal advise and it was all contradictory, having read the law on tenancy agreements I came to the same conclusion as you, what I cant understand is why the solicitors were unable to be so succinct,

              The people who rent the shop have also got a very dubious lease, it was signed to them and back dated a year, I have proof of this via the solicitor who acted for the old owner, I want them out of the building so I can develop it they are causing all sorts of problems, some criminal, but its difficult to prove, do you know the quickest way to evict them?

              Thank you sincerely for your reply.

              Comment


                #8
                Was tenant in occupation at the commencement of the term? T Probably has gained security under the 1954 Act and as such you can only evict under the statutory grounds.
                [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                Comment


                  #9
                  Tennancy agreement

                  Hi Jonny are you replying to the assured tenancy?, if so the answers no, the tenancy agreement was assigned to the previous owners father, who never lived in either flat he lives miles away in another town,

                  Comment


                    #10
                    Originally posted by dave-advice View Post
                    Hi Jonny are you replying to the assured tenancy?, if so the answers no, the tenancy agreement was assigned to the previous owners father, who never lived in either flat he lives miles away in another town,
                    No, it was in reference to the retail tenant.
                    [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                    Comment


                      #11
                      Evicting shop tenants with no lease or sham lease?

                      Hi can anyone provide an answer to enable to to gain possession of my shop.

                      The rent is being paid but they have broken into flats above shop burnt commercial waste, in a flat, created a nuisance to neighbours, traded outside their allowed planing - trading hours, provided no certificates for cleaning extraction system creating a potential fire hazard,

                      made threats of violence against myself resulting in police being called and an incident being reported, allowed drugs to be used in the building, the list goes on, the lease was in their brothers name who has left the country, the current lease was a sham and produced after the building was sold by the mortgagee at auction to myself!! etc it goes on and on but they are paying rent so I want to know what's the best guaranteed way to have them evicted?

                      Comment


                        #12
                        Hi Johnny,

                        what is the meaning of gained security under the 1954 Act and as such you can only evict under the statutory grounds?,

                        what is this and how do I evict them on statutory grounds?

                        Comment


                          #13
                          Hi Johnny I have looked this up and it appears to relate to tenancy remnants for people living in the building this is a lock up shop with no residential status?

                          Comment


                            #14
                            Post #11 - two related threads have been merged. There really was no need to create a new thread for that question, please stick to this thread for related issues.
                            I also post as Mars_Mug when not moderating

                            Comment


                              #15
                              The tenant gains security from eviction ie has a right to a new lease at the end of the fixed term and you have to serve them notice compliant with S25 of the Landlord and Tenant Act 1954 citing the specific ground you are relying upon to refuse the grant of a new lease.

                              Ground only really open to you would be redevelopment as you've not owned the building long enough to use the own occupation ground.

                              If the tenant fails to pay rent you maybe able to seek forfeiture of the lease subject to the terms of the lease.

                              Originally posted by dave-advice View Post
                              Hi Johnny I have looked this up and it appears to relate to tenancy remnants for people living in the building this is a lock up shop with no residential status?
                              You're incorrect, it relates to commercial tenants...

                              Originally posted by Landlord and Tenant Act 1954
                              Subject to the provisions of this Act, this Part of this Act applies to any tenancy where the property comprised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purposes of a business carried on by him or for those and other purposes.
                              http://www.legislation.gov.uk/ukpga/...-3/56/contents

                              If they are breaching other terms of their agreement you can serve a Section 146 notice requiring them to remedy their breaches within a fixed time frame.
                              [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X