Tenancy agreement and problem tenant?

do you mean the ast was with a company not with this particular tenant?

wouldn’t this mean it is a commercial lease and not an ast?

Is it a residential let to a company (for the use of a staff member/director) or a let to a company for the purpose of subletting (rent to rent etc)? The first would be a ‘company let’ but the second a commercial tenancy so a big difference to what laws would apply – either way neither can be an AST, so common law rules would apply.

If the tenancy agreement is to a limited company, why did your lawyer take action against the individual occupier? That sounds like a schoolboy error; you never take action without ensuring you know the correct identity of the parties.

As said by others it won’t be an AST if it’s to company. This may make it easier for you to deal with, although this will depend on the lease provisions regarding occupancy.

As ever there are more questions than answers.

Sounds like it’ may be her company, and the company owes the rent. Propose mediation, and if unsuccessful, make a Money Claim Online?

o’dear, it seems that i have got myself into a very difficult situation.
So it’s a women with her daughter and two children and two of her works.
Yes she had signed the lease in her Limited company name and for the use as a main residence.
Thanks for taking the time to provide information

then technically it wasn’t an ast but a commercial lease

and your solicitor should have picked this up! hasn’t he? what has he charged you for then?

if the above is correct, i would go back to the solicitor and insist they rectify their work (free of charge) and give you sound advice on what is required moving forward.

I had a company wanting to rent my property on a 12-month lease (not an AST which is not applicable to companies). I insisted upon directors’ guarantees. The company backed out. ‘Nuff said.

The first lawyer was prity useless and have wasted 3 months.
The new lawyer has just sent a notice to pay or we will have to apply to the court to Pre-Irritency the lease, which is to dissolve the lease.
This women has done this several times already and knows what to expect and how it works.
The estate agents did try to get the directors to Guarantor but didn’t do it.

If it’s a company lease agreement you need to make a STATUTORY DEMAND for the full rent arears. This gives the company 21 days to pay the arrears or reach a pay back agreement with the landlord.

Hopefully you have a company guarantor written into the lease agreement. If they don’t pay up you can go after the guarantor for the arrears.

If lease is still during the fixed period you can’t evict unless tenant is in breach of the agreement. If there is a breach you can pursue forfeiture of the property, or outside fixed term you can issue a NOTICE TO QUIT, which will normally give 4 weeks notice, but may vary depending on the terms of the specific lease, and can often take some time.

Worst case scenario is the company says they can’t afford to pay, in which case you might have to submit a WIND UP PETITION (compulsory liquidation). Company must owe over £750 and landlord must prove company can’t fulfil the debt. Hope you have a company guarantor for the lease otherwise you could end up without a penny. Get a solictor who specialises in this type of lease ASAP.

Many thanks for the above, unfortunately we don’t have a Guarantor, so looks like a very expensive lesson.
Hope nobody else full for this scam, all landlord please be aware looks like difficult times ahead