Lease has ended but company not leaving

[Deleted User]

Is a notice to quit a section 8?

macman

https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

_Penny_Dreadful

Zoe02 said:

Is a notice to quit a section 8?

A Section 8 is not a notice to quit.  It is notice that a landlord might go to court to get a possession order and requires a ground(s) to be issued.  As this is a commercial tenancy a Section 8 notice is not relevant nor is a Section 21.  Has the solicitor you have contacted not given you any guidance with regards to the notice to quit?

[Deleted User]

_Penny_Dreadful said:

Zoe02 said:

Is a notice to quit a section 8?

A Section 8 is not a notice to quit.  It is notice that a landlord might go to court to get a possession order and requires a ground(s) to be issued.  As this is a commercial tenancy a Section 8 notice is not relevant nor is a Section 21.  Has the solicitor you have contacted not given you any guidance with regards to the notice to quit?

Not much gudiance has been given yet but mentioned notice to quit against the company.

"We may have to knock the company out of the equation first and then proceed against the occupiers solely, once this has been done. It all depends on the judges discretion."

to go ahead with them it's  £1034.00 inc VAT

• To draft and serve notice: £135.00 inc VAT
• To issue court proceedings: £899.00 inc VAT

found a post online also now understand better so not a section 8 or 21 as it is a company not an indivitual but a notice to quit. (need to find a template) or use the solicitor to issue this but do not want to pay court proceedings yet as it might not get to that stage.

From my research what I found 

notice to quit against the company let

 company let agreement serving notice and if needed eviction via the courts.

Notice to Quit.
Should the company not vacate then you would have to apply to the courts for possession and this is where it could become difficult and would be at the judge’s discretion.

 the company you let to has broken the terms of the contract you can issue a Notice to Quit using the details you have been provided and should they then fail to comply with the vacating date you would need to apply to the courts for possession, the notice can be served on rental address. (will also be sent to the company's address provided in the lease agreement)

When serving a Notice to Quit this effectively ends the contract and cannot be rescinded unlike a section 21.

[Deleted User]

The quit notice against the company let will have to be 4 months due to the wording in the agreement.

Any advice where I can get a template free or paid?

Thanks 

_Penny_Dreadful

Can't you just write your own notice to quit specifying that it is a notice to quit giving 4 months notice are per the contract?

user1977

_Penny_Dreadful said:

Can't you just write your own notice to quit specifying that it is a notice to quit giving 4 months notice are per the contract?

In theory yes, but notices are quite tricksy - very easy to get them wrong and then discover you've wasted four months...

_Penny_Dreadful

user1977 said:

_Penny_Dreadful said:

Can't you just write your own notice to quit specifying that it is a notice to quit giving 4 months notice are per the contract?

In theory yes, but notices are quite tricksy - very easy to get them wrong and then discover you've wasted four months...

And the alternative is to what...jockey a random notice from the internet and hope it meets the requirements of the contract?  This is a commercial tenancy, there is not a prescribed form to use like there is for an AST.

user1977

_Penny_Dreadful said:

user1977 said:

_Penny_Dreadful said:

Can't you just write your own notice to quit specifying that it is a notice to quit giving 4 months notice are per the contract?

In theory yes, but notices are quite tricksy - very easy to get them wrong and then discover you've wasted four months...

And the alternative is to what...jockey a random notice from the internet and hope it meets the requirements of the contract?  This is a commercial tenancy, there is not a prescribed form to use like there is for an AST.

Exactly, it's the lack of a prescribed form which makes it more difficult. You need to ensure it complies with the specific requirements of your lease. The safer alternative is to pay somebody who knows what they're doing.

[Deleted User]

_Penny_Dreadful said:

user1977 said:

_Penny_Dreadful said:

Can't you just write your own notice to quit specifying that it is a notice to quit giving 4 months notice are per the contract?

In theory yes, but notices are quite tricksy - very easy to get them wrong and then discover you've wasted four months...

And the alternative is to what...jockey a random notice from the internet and hope it meets the requirements of the contract?  This is a commercial tenancy, there is not a prescribed form to use like there is for an AST.

The detail is so important.
Lost a month with my S21 notice (another property) I had issued in December.
silly mistake did not include the rental property address, re-issued another yesterday and now date will be March instead of the original February.

But for the notice to quit thinking will include the property address, my address, my name, their name and the 4 months date.

My gut tells me I will get it back soon, but need to make the notice as required.

My brother also let his flat to this same Mears, after a few months he got his back last year, I have been unlucky with mine.