Commercial tenancy expired

[steveeasy]

Hi
my partner has had commercial tenancy for 10 years. Then extended for 2 years. Landlord trying to sell for last year off it as going concern. Asked tennant to help. When it expired he offered her free rent to stay to help sell it. 3 months later he has ordered her to leave with 10 days notice. And provide all customer details. And all business income to be provided to him for him to take over her business.
does she have any rights short term. More time.

any advice appreciated.

steveeasy

[atticus]

Your partner is 'holding over' on the terms of the old lease. s25 Landlord & Tenant Act 1954 applies: the landlord must give not less than 6 months notice. This landlord is not entitled to business information or revenue.


Your partner can apply to the court for a new tenancy, but must first of all serve a notice under s26.

I recommend advice from a solicitor specialising in commercial property.

[steveeasy]

Well thank you for speedy response. I believe the tenancy was excluded from s25 landlord and tennant act.
when the lease ended no notice served. He agreed to no rent so she could stay until a buyer was found for the freehold. He wished to stay as a going concern.
now with no notice he intends to take over the business.
she does not want to renew or stay for a long term but would like fair notice. The former lease states 3 months prior to expiry. Did the landlord not serving that give her some legal benifit.

he encouraged her to stay for his potential sale.

many thanks
steveeasy

[atticus]

none of which changes the recommendation I have made on this and your previous thread to take professional advice.

[atticus]

And you might have mentioned the exclusion of the 1954 Act earlier.

[steveeasy]

Well ouch!! But thank you for taking the time to advise me.
Steveeasy

[steveeasy]

Well funny how things develope. My partner was told the landlord intended to take over management on 14 December which I’d take as notice. On the 5th today a security hut was placed at gate and his security guards are to stop my partner leaving until they have assertiveness she is not stealing. They have no started emergency repairs to the centre having not visited to do anything in 12 years.
just to clarify no rent in arrears and still 9 days before he takes over.
intimidation, harassment. Quite enjoyment. All her customers have been approached.

can they detain people that have a legal right to access. No there is nothing going on behind this.



steveeasy

[steveeasy]

Hi
when we arrived at our business today we were met by 3 security guards. They were telling our staff and customers of the emergency work starting on yards.
I told them they had no right and one who stated he was a security guard that actually was a builder threatened me and would not walk away. I had to leave.
they seamed unsure what they were on site for but the builder stated it was to prevent us leaving without the landlords consent. We have this in writing. We have also been told we are leaving before the 11/12 although the landlords consent actually stated he was taking over on the 14/12.

again for clarity there is and has been never reason for the landlord to act in such a way. The Tennant has livestock on site that has to be managed and interference be the landlord and his machinery could cause serious safety issues. They intend the bring plant machinery on Monday to carry out work. No notice given by at all by landlord

steveeasy

[atticus]

You are being bullied, and the bully will trample all over you if you do nothing about it. You really must take legal advice with a view to protect your position.

You may need to seek an urgent injunction tomorrow.

[steveeasy]

Thanks for your advice. I intend to try and get good advice on the subject. Urgently tomorrow.

the trouble is my partner is very this week and needs to be able collect her horse from her business.

the security guard it transpires is an employee of the landlord. Impersonating one is a criminal act. Reported to police not interested.

I’ve really just understood what’s happened. We’ve panicked and sold every piece of machary we own. Tractors bowers. Snack van and implements all because we had to leave. But we didn’t and we haven’t.

the landlord has even written to all my partners customers telling them my partner was assisting with sale but she’s moved on. He’s taken over her business.

Madness 12 years and you get less notice than an away day .

steveeasy

[PallasAthena]

The security guard it transpires is an employee of the landlord. Impersonating one is a criminal act. Reported to police not interested.

Why would it be illegal for the landlord to be the employer of the security guard? In what way was the security guard an impersonator?

[steveeasy]

Why. Well as he is not a security guard. He was impersonating as a security guard. He had been placed there to intimidate the Tennant and when asked if he had id he did not and got extremely mad. I had to leave. When I got to the exit gate to drive away I was abused by him again.

I may be wrong but I think it’s a criminal act to impersonate as a security guard.

Steveeasy

[PallasAthena]

If the landlord employs someone as a security guard then they are a security guard. There is no impersonation,

So I'm not surprised the police refused to act.

This is not a key issue. I hope you are able to see a solicitor for advice today. This is an urgent matter and as Atticus has said you may need to apply for an emergency injunction to stop the landlord's actions.

Let us know how you get on.

[steveeasy]

No I appreciate that. I need to find out what notice he should have served and if he can take over whilst my partner is currently on site.

the security was to protect a deralict care home from burglary. However they not at the care home they are at our business. No signs or any attempt to secure care home but our business had three at gate Saturday.
on Saturday night I got a video from a security officer saying his job was to stop us going and out. Locking our access. The landlord wrote to us tell us we needed to request we left the property by email each time. Then we may be let out.

he’s adamant my partner attends a handover on Thursday before our casual notice of 10 days runs out. He’s taken over.

he wrote to all our customers saying sale of premises fell through. The Tennant had been helping him and now she is moving on.

just waiting for the solicitors to call me.

we don’t want to go back. It’s more hassle than it’s worth.
steveeasy

[atticus]

Are you able to remove all your livestock and other property?