Letting to a company who won’t vacate?

Letting to a company who won’t vacate?

11:47 AM, 1st April 2022, About 2 months ago 9

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Hi, We own an apartment which has been rented to a Portuguese company for four years, with no problems. The company’s business is in arranging accommodation for its clients.

However, the lease period expired on 25th March 2022, and we gave them notice to quit two months prior to that in accordance with the lease agreement. They have not vacated the property, and have said that they do not want to leave, as the rent is low for the area, and they cannot afford to go elsewhere! They have not paid since 25th March.

We want to sell, so we need them to vacate the property.

We do not know exactly who the occupiers are. The lease specifies that the company and its clients are permitted occupiers, but that they must not sub-let.

What are our rights, and theirs, and how can we evict them?

Does anyone else have experience with this sort of situation?

Many thanks

Diana



Comments

by Luke P

12:18 PM, 1st April 2022, About 2 months ago

A company let is not an AST. What Notice did you serve?

by Robert Mellors

12:29 PM, 1st April 2022, About 2 months ago

Nobody can give you proper advice on this without seeing the lease agreement terms and conditions, however, as a company let it would not be subject to the usual 2 month S21 Notice.

I would suggest that you take your documentation to a specialist property solicitor and get a legal opinion as to what actions you need to take in order to extricate yourself from the lease agreement, and what action you can take against the Portuguese company to recover your property and any costs resulting from their breach (if indeed they have breached the agreement).

As they are a Portuguese company this may add further complications, not just in relation to legal jurisdiction, but also in relation to the practical steps needed for international enforcement of any eventual court judgment.

Expect this to take a very long time to resolve (maybe years), and to be very costly.

by David Judd

12:57 PM, 1st April 2022, About 2 months ago

As a company let there are different rules ie they can rent to anyone in their company at any time, which means not that same tenant. I let to a company but later found they were rent it out on air bnb. As above you need sound legal advice - either way expect a long wait and its not going to be cheap. The sooner you act, the better

by David

16:48 PM, 1st April 2022, About 2 months ago

Don't accept further rent from them or say anything that might be construed as accepting an ongoing periodic tenancy with them. If its a proper company let, then the term expires when it expires and you should be able to apply straight to a court for an order for possession. As above, its probably best to do this through a solicitor.

by Diana Seymour

17:08 PM, 1st April 2022, About 2 months ago

We have now contacted a solicitor. The company, although all Portuguese people, is actually a UK limited company. Thanks for your comments.

by Darren Peters

8:12 AM, 2nd April 2022, About 2 months ago

Reply to the comment left by David at 01/04/2022 - 16:48
If they pay something by direct transfer into the bank, do you simply send it back to the account from whence it came? What if it's opaque which foreign bank it came from?

by Jay James

9:59 AM, 2nd April 2022, About 2 months ago

Reply to the comment left by Diana Seymour at 01/04/2022 - 17:08
Is the property in England (and/or wales)?

by Penny DJ

10:14 AM, 2nd April 2022, About 2 months ago

Its a company let not an AST so gaining possession should be straight forward. However, I would be inclined to get on a plane, go out there and knock on the door and ask them why they haven't left in accordance with their lease and notice given. I actually think it will be easier with a UK company. They haven't paid anything afterwards, so I'd supervise their moving out and ideally stay in the premises until they are gone, giving you possession.

by Adam Aslam

10:42 AM, 2nd April 2022, About 2 months ago

Ask your Solicitors as not AST , you may be able to make peaceful entry and change the locks. As long as no one in the property.

But sounds like this company must have sublet and the tenant in occupation may have rights. You need to go round and ask who is in the property.


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