Letting residential premises to Co. (common-law tenancy)

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    Letting residential premises to Co. (common-law tenancy)

    Hello,

    I have served a NTQ on the company and it has expired. The company has not handed back keys ot confirmed that they are levfing the property. I now need to make a possession claim through the court.

    What court forms do i need to complete to gain possession?

    Regards

    Crossfire

    #2
    Are the premises used for the purposes of carrying on a business?

    i.e. is it commercial accommodation?

    Comment


      #3
      Or, if it's residential accommodation, did you let it to Co. which sub-lets it to a residential occupier?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


        #4
        It is a residential property let to a company. The common law tenancy is in the companys name and i beleive that makes the person residing at the address a licencee.

        Comment


          #5
          Originally posted by crossfire View Post
          It is a residential property let to a company. The common law tenancy is in the companys name and i beleive that makes the person residing at the address a licencee.
          Maybe; or, more likely, he/she could be a sub-tenant of C.
          Either way, your letting to C is governed by common-law contractual rules and not by any statute law.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            If i want to make a possesion order do i fill an N5 with N119? I am aware that i can not use the accelerated procedure.

            Comment


              #7
              Originally posted by jeffrey View Post
              Maybe; or, more likely, he/she could be a sub-tenant of C.
              Either way, your letting to C is governed by common-law contractual rules and not by any statute law.
              Well, I have asked this before but...

              If I (LL) let to a company (C), who sublets to a tenant (T), how can I get T evicted in the event C defaults and I wish to let to T2?

              Comment


                #8
                Originally posted by dominic View Post
                If I (LL) let to a company (C), who sublets to a tenant (T), how can I get T evicted in the event C defaults and I wish to let to T2?
                You as L cannot, directly at least. You terminate C's letting (by your title paramount); so subT's rights to occupy end too. SubT does have rights against C, for breach of 'quiet enjoyment' rights, but that would result only in damages payable by C to subT. C's obligation to give you vacant possession of the premises brings with it the obligation for C to procure removal of all who occupy under it.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  But T's tenancy cannot come to an end because it is prevented from doing so under the HA 1988....

                  Under s.5 only a court order etc can bring it to an end...

                  Comment


                    #10
                    I dont think an AST agreement can be between the Company and the licencee as the company is not the landlord.

                    So...would i need to complete a possesion order form (N5)?

                    Comment


                      #11
                      Originally posted by dominic View Post
                      But T's tenancy cannot come to an end because it is prevented from doing so under the HA 1988....

                      Under s.5 only a court order etc can bring it to an end...
                      That will be C's problem- not yours as L.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                        #12
                        Originally posted by crossfire View Post
                        I dont think an AST agreement can be between the Company and the licencee as the company is not the landlord.
                        Wrong. You let to C. C sub-lets to subT (probably on an AST). C is subT's landlord; you are C's.
                        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                        4. *- Contact info: click on my name (blue-highlight link).

                        Comment


                          #13
                          Originally posted by jeffrey View Post
                          That will be C's problem- not yours as L.
                          So, I can just boot out T (who is in occupation of my property) with no consequences?

                          And your post at #8 is therefore incorrect, since the tenancy between C and T has not come to an end as would have otherwise happened by operation of law, but for s.5 HA 1988?

                          Comment


                            #14
                            Originally posted by dominic View Post
                            So, I can just boot out T (who is in occupation of my property) with no consequences?
                            Certainly not. You need an Order against C, compelling C to procure vacant possession against subT.
                            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                            4. *- Contact info: click on my name (blue-highlight link).

                            Comment


                              #15
                              My next clanger to inform you about is the fact that I dont have a written Common Law Contract.

                              Am I correct in believing that as long as the company has been paying monthly rent direct to me and that arrears letter have been sent to the company as well as rent statements, that would be enough to sufice as a common law tenancy?

                              Comment

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