Non-paying commercial tenant - how to get them to leave

MaryEllen

New Member
Messages
3
A parent lives in a property in a town and at the front of the property is a shop they let. There is a tenant there for over 8 years now and this tenant over the years has built up a substantial amount of arrears with my parent. My parent is quite elderly and despite my protests has always let this go. We are at the point now where a new lease was signed about 11 months ago and the tenant has paid zero this year. My parent is finally agreeing it is time to get the tenant out.
I want this tenant out as they are taking advantage of my parent, they have no intention of ever paying what is owed in the past or future.
I was told they owe money elsewhere and are being brought to court over it and I do not foresee they will leave my parent's premises willingly.

The current lease (annual lease) is up shortly and I would like to tell them we are not renewing it and ask them to leave but from what little I've read, because they are there over 5 years, this may not be possible.
I have no interest in regaining any of the lost rent I just want them gone from our property.
Can anyone advise what the best way to go about this is?
 

Specialist

New Member
Messages
9
Hi
Sorry to hear about your situation. I am in a similar situation as you can see in my post
Tenants rights in absence of contract/tenants obligations when no lease in place.
Maybe some of the replies I got might help you.
Have you had any updates?
 

invest101

Registered User
Messages
10
Probably issue a notice of forfeiture. One condition of a lease (written or not) is that they pay the rent. If they don't pay within a reasonable period of time and with good notice you effectively unilaterally void the lease and take back possession. Commercial leases are very different to residential. The property owner has far more rights where the lessor does not fulfill their obligations.

A solicitor is absolutely required to guide you through the process, look at the lease (if one is written), the history and to make sure it is done properly and most importantly make sure that you don't break any laws. If you get a solicitor experienced in this type of thing it should be very straight forward.
 

MaryEllen

New Member
Messages
3
The solicitor has advised that we wait until after Christmas to take action. My mum has already informed the tenant that we are not renewing and to start looking elsewhere. The tenant is an absolute weapon, probably a few screws loose and very dishonest, so we are trying to be careful. I do feel a lot better having gotten advice. I hope our solicitor knows what he is doing and that this doesn't end up costing us. We don't care about the arrears, we just want this individual gone from our lives.
 

elcato

Moderator
Messages
3,233
In that case, just tell them you are not renewing as you are planning on renovating it to part of the house or something. I wouldn't mention the rent situation, just say you are retiring the premises.
 

invest101

Registered User
Messages
10
A solicitor should help to take the emotion out of it.

One of the things I learned which was very helpful is that rent must be paid in full regardless of any other issues or complaints the lessor claims to have. If they pay part rent you can send it back and insist on payment in full if you want to. The advice I got in my situation was that a lease holder cannot offset rent against any monies they say they are owed etc. for repairs or services etc. unless you agree. When issues arise it is amazing how complicated people can try to make things.

You must however get good legal advice. Be very careful about how you treat the people and their property etc.
 
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