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Serving notice on commercial tenant

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Author Topic: Serving notice on commercial tenant  (Read 56 times)
Jr. Member
Posts: 53

I like property

« on: November 12, 2020, 10:12:36 PM »

I live above my commercial property and the tenants lease exipres Dec next year.  We want rid as they are just noisey, park like idiots and are there 7 days a week 12-18 hours a day.

Rent is always paid on time but its driving me insane as they don't listen.  I want to make sure it is 6 months before it exipres to serve notice and if I need to serve any sort of doc like section 21 I have had to do with our rental flats? And if he says no and said I am not going I am assuming its a nightmare to evict because of whats happening with Covid?  The T is very awkard and I just have a feeling he won't go quietly.  I am just wondering if its easier to evict commerical T over residential.
Newbie
Posts: 1

I like property

« Reply #1 on: November 18, 2020, 10:14:45 AM »

Assuming the commercial property is let on an appropriate commercial lease and not an AST, then you need to check whether the tenant has security of tenure under the Landlord and Tenant act 1954. To not have this protection from eviction would have involved the tenant agreeing to and signing and possibly solicitor witnessing their signature on an 'opt out' letter before the lease began. If opted out, then the tenant should leave at end of the term unless an extension is agreed. If they don't leave then a legal procedure is required to evict, which the tenant will be liable for costs. Either party can serve in writing a simple notice to quit, not special form.
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