Company Let, eviction scenario pls help

andyrich666

Hi

I took out a Ltd Company Let on a residential property, taking bad advice from the agent as in easier credit checks for us etc etc.

We are coming to the end of the contract, less than 2 months, however I am worried about our deposit, the Contact says the agent is keeping it, however the Agent has told us in emails that the Landlord has it.

The Landlord wants to let viewers into the property, Im not overly happy with that as we have a lot of high value stock in the house + I run my business from here and there is gear all over the place.

I don't trust the landlord from Day one to give us back the deposit, So I would prefer to just run it down, when we moved in the house was awful however we have improved it.

What are my options regarding arrears ?

The worst case scenario is I will have to continue to pay the rent and lose the deposit.

Ideally I would want to negotiate with the owner for a early exit and then he can show people around.

The deposit was quite high £1800, and it will be quite a effort to move all our gear out quickly.

Up until now there has been no problems with our relationship.

Would a court hearing have to be held for them to evict us or can it just be a simple legal notice served in a matter of days, I will try to negotiate with the landlord in the meantime

TIA

G_M

These seem tobe several unrelated issues:

* deposit. Does not matter who holds it. The agent is employed by the Landlord as... well, his 'agent'! Either way, legally the LL is responsible.

* note: as it is a company let I do no tbelieve the deposit needs tobe registered.

* viewers. It makes sense to compromise and allow the LL to show the property but why not agree specific days/times for this? You could claim 'quiet enjoyment' and deny access, but you will not endear yourself to the LL !

* Does you contract permit running a business there? Is this your concern?

* Did you sign an inventory when you moved in? Did it describe the property and its condition, accurately? If so, what is your concern? Have you damaged the property? If not, the LL will have difficulty proving you have caused damage.

* there is nothing to stop you agreeing tomove out early.... providing the LL agrees. Ask him!

* I'm afraid I'm unsure of the eviction process with company lets. I suspect it still requires a court order but is probobly simpler than an AST. But Idoubt you can be evicted till the contract ends.

* what do you mean by your 'options regarding arrears'? I guess either
a) you run up arrears by breaching yourcontract, and riskcourt actionor
b) you do NOT run up arrears by paying your rent

agrinnall

I don't know whether the normal letting rules would apply in this situation, in general a business to business transaction is governed entirely by the contract between the two parties. If that is the case, then you need to scrutinise the contract to see what it says about the scenarios you describe.

However, if it is treated as a standard let, then

a) the deposit has to be protected in one of the DPS schemes (note that some of these are insurance based, and the LL can still hold the deposit) and you must be informed which one it is;

b) change the lock to prevent unauthorised entry to the property (keeping the original lock to change back when you leave);

c) Not paying rent is usually a bad option, and I wouldn't recommend it;

d) eviction requires a court hearing.

andyrich666

The landlord and Agent both know we run a business from here and that has been allowed by verbal agreement, I worry because what we do is repair high value items and people talk, but I might over paranoid there, In the agreement it does say not too allow or permit any business from the home.

They do there inspections, its quite open, every room is used for my work in some way or another.

Deposit does not have to be protected, if I was convinced we would have the deposit returned it would not be a problem, but in not allowing viewings will wind the LL up, however when we took it on again verbally we said we would be against that.

I could probably be moved out all in if I stop work in 21 days AFAIK it requires a court order of N130 / N119 looking at the the link below, I live here with my partner, I really did not think at the time the differences between a AST and this agreement.

The two things that worry me RE the deposit, the LL is in New York and I also will most likely too be emigrating for a year or so, so for me I will not be around to deal with any disputes as easy as it would be in the UK.

I do appreciate all your advice. Just worry we can be kicked out with assets seized without notice. Thanks

andyrich666

https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CC8QFjAA&url=http%3A%2F%2Fwww.justanswer.com%2Fuk-law%2F2xrbb-tenant-property-company-let-contract.html&ei=VnUWUu7mMqmc0QWc3oDIBA&usg=AFQjCNE4CaY0Emd8eXgoifIBJYiE69K0TQ&sig2=uTJlZuMUtkeLZjGpeyjfpg

G_M

If your contract runs for another 2 months, I don't see how you can be kicked out before then?

I can see that if after you leave you will be going abroad (immediately?) a dispute would be difficult, as it would ultimately require court action. Do you have anyone here who could take that on for you? You'd have to grant someone a Power of Attorney to act for you in court.

Also, does the LL have any assets in the UK? If not, even if you won you might have difficulty enforcing the decision, other than placing a Charge on the property.

andyrich666

Our tenancy abroad starts on the 1st Oct 2013 but I can bring that forward to any time with 14 days notice, however logistically it is a major hassle and I hoped for more time to do the move as cheap as I could.

I just want to end it amicably and pay what we owe less the deposit, Its does not work that way though.

I don't think ill sleep too well tonight but I can email the LL tomorrow and see if we can do anything privately that could suit us both and then go from there, thanks for your time.