Can a landlord evict a business tenant to use the building?

Can a landlord evict a business tenant to use the building?

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AceOfHearts

Original Poster:

5,821 posts

191 months

Wednesday 25th November 2015
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Theoretical question, but if you were to buy a commercial property that already has tenants, can they be evicted so that you can start up your own business on the premises?

PurpleMoonlight

22,362 posts

157 months

Wednesday 25th November 2015
quotequote all
The new owner must honour the terms of the tenants existing lease.

If that allows for it to be terminated at some point on the future then that is when the owner can gain possession. Under certain circumstances the owner will be required to compensate the tenant for the termination.

You should specific seek legal advice before the purchase.

Chrisgr31

13,461 posts

255 months

Wednesday 25th November 2015
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As Purple says yes it is one of the reasons for refusing to renew a lease under the Landlord and Tenant Act 1954, one of the other surveyors will know if there is a time limit between buying and property and being able to use this reason to refuse to renew. If the leases are not protected then of course at the end of the term you can just refuse to renew.

soxboy

6,172 posts

219 months

Wednesday 25th November 2015
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Chrisgr31 said:
As Purple says yes it is one of the reasons for refusing to renew a lease under the Landlord and Tenant Act 1954, one of the other surveyors will know if there is a time limit between buying and property and being able to use this reason to refuse to renew. If the leases are not protected then of course at the end of the term you can just refuse to renew.
Landlord has had to have owned the property for at least 5 years if he wants to occupy himself.

AceOfHearts

Original Poster:

5,821 posts

191 months

Thursday 26th November 2015
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Cheers for the info guys :thumbsup:

PugwasHDJ80

7,523 posts

221 months

Thursday 26th November 2015
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soxboy said:
Chrisgr31 said:
As Purple says yes it is one of the reasons for refusing to renew a lease under the Landlord and Tenant Act 1954, one of the other surveyors will know if there is a time limit between buying and property and being able to use this reason to refuse to renew. If the leases are not protected then of course at the end of the term you can just refuse to renew.
Landlord has had to have owned the property for at least 5 years if he wants to occupy himself.
That's interesting, thanks

Billsnemesis

817 posts

237 months

Sunday 29th November 2015
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One additional point is that a landlord can oppose a tenancy on the grounds of redevelopment or carrying out substantial works which cannot be done with the tenant in situ. This does not require 5 years ownership so it allows a landlord to use this ground even if it ultimately intends to occupy the property itself.