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The first thing I would do is to ring him and ask him why the rent has not been paid.
HiDid you get a deposit, did he ever pay rent. Who pays the utilities/rates etc. Does he live in the premises. Why did you suddently need a lease after one year. You need a solicitor to get him out I would imagine.
Either I or my mum will do that soon.The first thing I would do is to ring him and ask him why the rent has not been paid.
My elderly mum had a tenant move into the (formally residential) property she is renting out as an office.
He is supposed to pay the rates.
He doesn't live in the premises, as agreed he uses it as an area for his business.
Fail to see how the person using the property has tenancy rights if he lives elsewhere.
Flip it another way, you cant have two permanent residences.
1) What are the tenants obligations in the absence of a formal lease?
2) What are my rights IF I want to get him out?
HiI'm not a solicitor (clearly you need one) but work in property matters...
Q1 - in the absence of a new lease, the provisions of the old lease continue on.
Q2 - under what grounds does the landlord now want the tenant out? the landlord can't just change their mind on a whim, there needs to be consistent upholding of the terms of the lease. If you can you demonstrate that you attempted to apply the terms of the lease and the tenant refused to comply, then you have grounds to declare a breach of the lease and depending on the seriousness of the breach, eviction may be appropriate.
Generally, once a tenant has been in place for more than 5 years then they have gain rights of lease renewal. This is because they have established their business and livelihood in the premises and are entitled to protect that.
Non-residential landlord and tenant "rules of the game" are well established in precedent law and while there is no RTB/regulator involved that doesn't mean there aren't strict rules.
If I was in your shoes I'd be looking at the following;
- Relieve your elderly mother of this hassle and bother by either taking on the matter yourself or get a letting agent to do it. There are major advantages of utilizing a letting agent, the biggest is they are a buffer between you and the tenant and you won't get pressurized or side tracked by a smart talking tenant.
- Consult a solicitor to prioritize a course of action
- Start demanding that the rent is paid up to date and don't be worried whether they have set the money aside, thats for them to worry about.
Hope that helps, come back and tell us how you get on.
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