How to deal with a bad tenant in commercial premises?

Y

Yachtie

Registered User
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First of all, please move if this is in the wrong forum with my genuine apologies.

A close friend owns a commercial premises which he is renting out. The tenant (a foreign cultural / religious centre) has been gradually falling behind on rent and is now in arrears of about 5k.

A number of phonecalls have been made and numerous letters detailing monthly amounts due and payments made have been sent. The tenant either ignores them or just grunts that he does not agree with figures without offering any kind of explanation or proof that additional payments have been made. The last letter (sent a week ago) has asked the tenant to settle the account by close of business on Friday this week or hand over the keys.

My friend is desperate to get rid of this tenant but unsure what's the best (and legal) course of action. Changing the locks? Asking the estate security not to let the tenant in?

Any advice is greatly appreciated!
 
What does the lease say?
How long it is for etc?
Are they still paying the bulk of the money?
Are they still paying the rates, the rates office will tell them if they ring?
What is the current rent?
Has you friend taken into account the costs in getting a new tennent and that any new post 'tiger' lease may well be for 50% less than a 'tiger' lease?

BTW. If the tennent does not walk, it may require high court case to get them out.
 
What does the lease say? - It's a 'running' agreement (month by month) instead of lease.
How long it is for etc? - see above
Are they still paying the bulk of the money? - no
Are they still paying the rates, the rates office will tell them if they ring? - no, my friend was contacted re outstanding amount of rates
What is the current rent? - the tenant moved in about a year ago, so it's well in line with the current rents.
Has you friend taken into account the costs in getting a new tennent and that any new post 'tiger' lease may well be for 50% less than a 'tiger' lease? - this wouldn't apply as the tenant is not there since the good ol' times.

BTW. If the tennent does not walk, it may require high court case to get them out.
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This is exactly what my friend is afraid of.
 
No other responses to this... I guess changing the locks is the easiest if not quite the legal way.
 
Towger said:
I guess changing the locks is the easiest if not quite the legal way.
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It's certainly the easiest way to find yourself on the wrong end of a judgement for €15-€20k - see http://www.askaboutmoney.com/showpost.php?p=274054&postcount=19

OK, so that was a residential tenancy and not a commercial tenancy, so I'm not quite sure that the same laws would apply, but I would tread very, very carefully. Get legal advice from a solicitor.
 
From experience, changing the locks is the best way to go. Possesion is 9/10ths of the law. not entirely legal but ti is better them taking you to court than the other way around
 

It is a commercial property and will cost a more than 20K and years to run it through the courts.

BTW is the building near the Red Cow?
 
Relation has the same problem with a (now bust) well know Irish company, not much change out of £100k and that was about 10 years ago.
 
Thank you all, really appreciate your replies!

My friend has contacted a solicitor and was advised to give his tenant a month's notice in writing. If the tenant is not out by the end of the month, change the locks.

Towger said:
It is a commercial property and will cost a more than 20K and years to run it through the courts.

BTW is the building near the Red Cow?
Click to expand...

It is somewhere in D24 but I've never seen it so not 100% sure.
 
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