Problem tenant

[KevinE]

A few years back we allowed a tenant on a neighbouring industrial estate to rent a yard of ours for storage. Nothing in writing was put down but we gave him a weekly invoice and it was paid, all above board.

Since then he's turned his storage space into a business premises, without asking us. People come and go, he requires access to our gated premises etc and, to cut a long story short, we've had enough of him. He's rude, swaggers around dictating his own terms as though he owns the place, and is making a mess of the place.

 

I'd like to know where we stand regarding getting him out....any thoughts? He's threatened violence although nothing's come of that as yet.

 

[matt_beal]

It depends a lot on the original tenancy agreement, if one exists, and it's a legally difficult area. May be worth posting on the Property Tribes Forum for advice - it's a forum for landlords/property developers etc and they're usually really helpful.

 

https://www.propertytribes.com

[Whiskers]

That there is NOT a written contract is not the end of the world, you still have a right to give notice - in the absence of any formal then whatever is appropriate for the "deal" you did would ba accepted by a court. DO NOT USE TENANT he may well not be one, your deal could have been or interpreted as a lease or the less formal licence [to occupy] unless he has gone to major expense ie building or refurb then 3 or 6 months is probably right, If he had done work then perhaps a fixed term or 1 / 2 years notice

 

Give notice in a non admitting way,

 

"I / we / company name [whoever granted the use] Give you notice that our arrangement regarding use of [describe address / what he has ] will cease [date 3 months hence] and ask you to vacate by that time", Hand him a copy and note the time date and place, if there is any try at non acceptance send a copy by 1st class with a cert. of posting NOT registered to his known address

 

He may well not do all you would wish in terms of clean up - probably just less that an amount that its worth suing him for. At the end of that notice you would apply to county court for a possession order, eventually this will let you evict him.

 

Be prepared for long drawn out and a pain in the bot bot but you will get there eventually, Once he accepts that he will be going he will probably want to move as soon as he finds sumat else- DO NOT GRANT any further use without a solicitors OK

 

regarding threats / actual violence, write up each and every incident, be neutral, just the facts and quotes &c, CCTV might help if you have it.. You have the right to call the police at anytime but best to do this in extremis only, when he HAS broken the law , do not provoke, let him hang himself..

 

Also need to consider YOUR lease unless you own the place, quite probable that you are NOT allowed to sublet, this could get you into conflict with your landlord - they are always concerned to avoid a third party acquiring an interest via the back door - this if so would be a pointer that you have only given a licence (to use) which has less status and an implication of short term informal

 

 

Important bit

 

If you want legal advice go to a solicitor, I am just a geezer you met on the internet !

[MarkA74]

I believe the term that covers this guy is "tolerated trespasser", as you have no formal contract with him you can give him notice to leave the site.

 

If he fails to move off the land by a specified date in the future, you can then start court proceedings against him.

[pete10uk]

Or just change the locks on the gate to coincide with the last day of an invoice. Don't send any more invoices and return any payments. Obviously you'll need to let him back in to collect is stuff.

 

I presume you've chatted to him to let him know your not happy.

 

On another though, you could just say as you've started trading from the premises the council need to be informed,planning is required and as a result the rent will triple. He might move out straight away.

[Stuart91]

On another though, you could just say as you've started trading from the premises the council need to be informed,planning is required and as a result the rent will triple. He might move out straight away.

 

I don't know what physical changes have taken place, but if the tenant has turned yard space into business premises somehow, this might have a bearing on the rateable value of the property. This could be very expensive if it bumps you over the threshold for rates relief.

 

In my experience, councils don't seem to be very proactive at going out and finding these kinds of changes, but it's potentially another argument to use in ejecting him.

[Junior8]

"Nothing in writing" is the problem here of course. It's an old, old, story. But once you allow someone to occupy a premises I believe, based on some experiences of a freind years ago now so I may be mis-remembering, a contract of some kind comes into force automatically. Then things are dealt with as if the occupant was covered by the kind of agreement that would have been in force if you'd made one (based on the kind of use the property is being occupied for). You really need to get legal advice here - and follow it to the letter. I realise now I have said basically the same as is given in post #3. I'd also add I would not try to do this myself - in things like this especially if the occupant is likely to be difficult use a third party. Don't bother trying to deal with it using info from the web, get a solicitor onto it straight away. I assume you are the freeholder of the property under discussion.