Business tennant problems?
Discussion
I have a small industrial premise I let, the tennant is 8 years into a 10 year lease.
He hasn't done any maintenance and is often late with the rent (max a week)
I'd like to put a rocket up his backside to bring him back in line or move out.
I don't have a key but I'm not sure if I legally should?
What sort of person do I need to go in and come up with a bill of works?
How late would a payment need to be to change the locks and evict him?
He hasn't done any maintenance and is often late with the rent (max a week)
I'd like to put a rocket up his backside to bring him back in line or move out.
I don't have a key but I'm not sure if I legally should?
What sort of person do I need to go in and come up with a bill of works?
How late would a payment need to be to change the locks and evict him?
tight fart said:
I have a small industrial premise I let, the tennant is 8 years into a 10 year lease.
He hasn't done any maintenance and is often late with the rent (max a week)
I'd like to put a rocket up his backside to bring him back in line or move out.
I don't have a key but I'm not sure if I legally should?
What sort of person do I need to go in and come up with a bill of works?
How late would a payment need to be to change the locks and evict him?
If it’s late you can change the locks He hasn't done any maintenance and is often late with the rent (max a week)
I'd like to put a rocket up his backside to bring him back in line or move out.
I don't have a key but I'm not sure if I legally should?
What sort of person do I need to go in and come up with a bill of works?
How late would a payment need to be to change the locks and evict him?
Assuming there is a dilapidations clause within the lease and it’s a full repairing and insuring lease you need to get a Building Surveyor to serve him with an Interim Schedule of Dilapidations. It requires the tenant to put the property in repair as per the requirements of the lease.
However, you need to read the lease carefully and see what it says. Nothing is assumed in a commercial lease, unlike a residential one, if there is no requirement in the lease to keep the property in repair then the tenant doesn’t have to.
However, you need to read the lease carefully and see what it says. Nothing is assumed in a commercial lease, unlike a residential one, if there is no requirement in the lease to keep the property in repair then the tenant doesn’t have to.
Give him reasonable notice and he has no reason to refuse access, I would expect this to be covered under the lease.
I wouldn’t push to be changing locks just because he’s a few days late, especially if there is work to be done. Get the jobs list organised and get it enforced while they still need the property to run their business from, getting anything out of them would be a lot harder once you’ve kicked them out.
ETA. I wouldn’t necessarily expect you to have a key or for you to access the property without the tenants cooperation unless you were actually carrying out enforcement.
I wouldn’t push to be changing locks just because he’s a few days late, especially if there is work to be done. Get the jobs list organised and get it enforced while they still need the property to run their business from, getting anything out of them would be a lot harder once you’ve kicked them out.
ETA. I wouldn’t necessarily expect you to have a key or for you to access the property without the tenants cooperation unless you were actually carrying out enforcement.
Edited by Steve H on Sunday 29th December 07:41
Edited by Steve H on Sunday 29th December 07:42
I would consider it unlikely that you would have a key to the property. Landlords usually are not permitted to access commercial properties without reasonable notice, unless its an emergency, and in the latter case I'd expect a locksmith to be called in.
What maintenance would you have expected the tenant to do? Most leases contain a decoration clause, but most tenants don't decorate until the end of the term. It would seem unlikely that the property has deteriorated significantly in 8 years but there may be issues with the roof etc.
Rent payment being a week late is significantly better than not being paid at all! Depending on your aims for the property at the end of the term it may be that you are better with the devil you know rather than a new tenant or an empty property, so I would seek to avoid upsetting to much, unless you plan to occupy yourself. Paid for advice will benefit on the rent collection part of the operation. Interest is almost certainly payable on arrears, worth checking lease terms to see what it says and if there is any leeway.
What maintenance would you have expected the tenant to do? Most leases contain a decoration clause, but most tenants don't decorate until the end of the term. It would seem unlikely that the property has deteriorated significantly in 8 years but there may be issues with the roof etc.
Rent payment being a week late is significantly better than not being paid at all! Depending on your aims for the property at the end of the term it may be that you are better with the devil you know rather than a new tenant or an empty property, so I would seek to avoid upsetting to much, unless you plan to occupy yourself. Paid for advice will benefit on the rent collection part of the operation. Interest is almost certainly payable on arrears, worth checking lease terms to see what it says and if there is any leeway.
Rent a week late is not ideal, but many landlords have far worse...
Subject to the terms of the lease you can serve via a Building Surveyor a Interim Schedule of Dilapidation. Presuming they are in breach they will need to pay for the Surveyor and Legal fees.
But, there is a defence available to the tenant (Leasehold Property Repairs act), and you will only be able to insist on things that will cause longer term damage to the building.
If you have the ability within the lease to enter, carry out the works and bill the tenant, then that bypasses the above LPR act.
Take advice.
Subject to the terms of the lease you can serve via a Building Surveyor a Interim Schedule of Dilapidation. Presuming they are in breach they will need to pay for the Surveyor and Legal fees.
But, there is a defence available to the tenant (Leasehold Property Repairs act), and you will only be able to insist on things that will cause longer term damage to the building.
If you have the ability within the lease to enter, carry out the works and bill the tenant, then that bypasses the above LPR act.
Take advice.
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