Eviction advice needed on ltd company let & rent arrears due

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    Eviction advice needed on ltd company let & rent arrears due

    Hi,

    I am in a tricky situation and rented the property first time, my agent made an AST with a limited company. After its completion of the term, I had an AST addendum on the basis of the first AST/main agreement. I would like to move back into the property as I used to live there before. The company/tenant is now refusing to vacate and 6months of rent arrears are piled up too. AST guarantor is the sole director of the company.
    That person now changed the role from Director to the manager of the company in CH.
    Her company is now showing the loss in recent accounts submitted to CH.
    Can you pls. advise the procedure to evict the tenant under new COVID rules and get rent arrears?

    Thx in advance.
    R

    #2
    It's not an AST (can't be, may not be, legally impossible to be).

    What education as a landlord have you done please?

    Suggest you make other plans rather than trying to move back in any time soon.

    Sorry
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Sorry to say but you need a professional eviction company to assist you with this, as said above it cannot be an AST, not too sure what you have but you need to show what ever paperwork you have to someone on the ground who can give you real time advice on what to do next, i suspect you have been played and are in for a long haul. Sorry.

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        #4
        theartfullodger , Hudson01 , Is my rental agreement not valid anymore?

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          #5
          The rental agreement is probably still "valid" in the sense that it exists and lays out the framework of the agreement that you have, but it can't be an AST (you can't have an AST agreement with a company) and so a lot of detail will be wrong or missing.

          Commercial contracts, for example, would have details of how notice is to be served, because the normal mechanisms, section 21 and section 8 aren't available.

          I think you need some professional assistance, because you're in a bit of a tricky area and, without being rude, I don't think you know what you're doing at this point.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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            #6
            In this case, Guarantor in that agreement still be valid?

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              #7
              Depends on EXACT wording of both tenancy agreement and guarantee, plus how implemented (eg was guarantor advised to seek legal advice and given copies of documents to study, plus was guarantee enacted as a deed?)

              (Please don't quote the lot..)
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                Check your forfeiture clause in the contract. The tenant is not protected by the Protection from Eviction Act so normally this clause will allow the landlord to take possession if rent arrears reach a certain level. The problem can sometimes be that the tenant, or an unscrupulous agent amends the forfeiture clause to make it difficult/impossible to regain possession. What does yours say?

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