My Tenant won’t leave – HELP!
You have let the premises outside of the provisions of Part ll of the Landlord & Tenant Act 1954, it’s the end of the term of years but the Tenant won’t budge. What can you do?
Well – Prevention is better than a cure
On completion of the Lease your solicitors will let you have a copy if not the original of the Lease. You as the Landlord should do the following
Record the date of the Lease and the expiry date
Diarise the matter for eight to six months before the expiry date
Contact the Tenant then – don’t leave it any longer these matters take time!
Find out what the Tenant wants to do and inform your solicitors of this together with your detailed instructions so that your solicitors have at least three months to deal with the matter.
If a Tenant has indicated that they would like a new lease of the premises and you are happy to grant this, negotiations should start as soon as possible.
If, by six weeks before the expiry of the Lease, you have not heard from the Tenant contact your solicitors who may consider the following steps: -
Send an open letter to the Tenant demanding possession of the premises on expiry of the Lease.
Consider invoking section 1 of the Landlord & Tenant Act 1730 which enables the Landlord to demand double the rent and possession of the premises. This often has the effect of bringing the matter to the forefront of the Tenant’s mind.
Send a “without prejudice” letter to the Tenant at the same time as the open letter stating that the Landlord will not take possession proceedings for a short while to enable a new lease to be negotiated.
It is important to note that a Landlord nor its agents should demand or accept any payment from the Tenant either as rent, mesne profits or otherwise in respect of any period after which the Lease has expired. To do so could cloud the matter and the courts may rule that the Tenant is continuing his occupation of the premises as a tenancy at will or on an implied periodic tenancy.
If you would like further information regarding any aspect of this article or any other aspect of your commercial property please do not hesitate to contact Steve Cook at firstname.lastname@example.org or telephone 01737 362131