Lease in my name only – want partners out

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    Lease in my name only – want partners out

    I have a registered long commercial lease for over 12 years starting in 2008. It is a high street front shop. I have been running a limited company there with two other partners. I bought the Lease is in my sole name, but the rent goes out from the company's account. I now wish to come out of the directorship of the company and wish to do something else in the shop. I therefore require the other two partners to leave as I will no longer be able to keep them there or that will be breach of lease since I will have nothing to do with them and I will also be out of the company. However, the partners are refusing to leave. I have asked them to either buy the lease from and I will assign the lease to them or leave. They do not want to buy the lease neither do they want leave. So, here is my question; how can I kick them out. I do not want the landlords to become aware of this dispute so I cannot ask landlord to evict the partners. Can I go to court and obtain order requiring them to leave and I will use bailiffs if they will then not leave. If so, do I approach my local county court for it? Which form do I need to use and do I need to give them any notice?

    Any help will be much appreciated.

    What you have there sounds more like a partnership dispute for the most part which means dissolving the partnership. Whether you have also been subletting, sharing occupation, sharing use with them in breach of your lease is unclear, and also on what terms that would be. Your informal arrangement can create sub- tenancies, which in the right circumstances may mean you have also created security of tenure for them. Ironically that could mean your landlord kicks you out but they can claim relief from forfeiture and get back in and become the landlord's direct tenants (you would be out of the equation then).

    I can see just understanding your set up taking quite some time, you need to fully understand what you have created before you do anything because there are so many things that you can do wrong here and end up hit with all kinds of court orders against you and a lot of costs.
    Anything I say here should not be taken as legal advice. I am an experienced litigation lawyer with over 15 years experience.


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