Lease has ended but company not leaving

[Deleted User]

user1977 said:

_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.

Will contact the law firm if I can pay for the notice and not court yet.

_Penny_Dreadful

Zoe02 said:

user1977 said:

_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.

Will contact the law firm if I can pay for the notice and not court yet.

Does the solicitor firm you have contacted specialise in commercial tenancies?

[Deleted User]

_Penny_Dreadful said:

Zoe02 said:

user1977 said:

_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.

Will contact the law firm if I can pay for the notice and not court yet.

Does the solicitor firm you have contacted specialise in commercial tenancies?

Will check with them. They seem to have good reviews online. Called landlord lawyers.

_Penny_Dreadful

Zoe02 said:

_Penny_Dreadful said:

Zoe02 said:

user1977 said:

_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.

Will contact the law firm if I can pay for the notice and not court yet.

Does the solicitor firm you have contacted specialise in commercial tenancies?

Will check with them. They seem to have good reviews online. Called landlord lawyers.

A quick perusal of their website suggests they deal with Assured Shorthold Tenancies rather than commercial tenancies. 

[Deleted User]

_Penny_Dreadful said:

Zoe02 said:

_Penny_Dreadful said:

Zoe02 said:

user1977 said:

_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.

Will contact the law firm if I can pay for the notice and not court yet.

Does the solicitor firm you have contacted specialise in commercial tenancies?

Will check with them. They seem to have good reviews online. Called landlord lawyers.

A quick perusal of their website suggests they deal with Assured Shorthold Tenancies rather than commercial tenancies. 

Thanks, they have responded only do Residential Properties. Although, work with a Solicitors that do deal with that.

I also joined a Facebook group UK support landlord group and someone  made a recommendation someone with commercial experience back tomorrow so trying different avenues.

[Deleted User]

Latest communication from the housing officer today: "Apologies for the delay with this one. I have emailed Tower Hamlets following my email to them last month asking for an update where they advised that the tenant had not been decanted. I did question if they have a timeframe on the tenants departure & I will chase this again tomorrow morning if I have not heard from them by COB today with a full update."

Will be posting notice to quit this afternoon.

Notice to terminate Agreement: (address of property)

This is a notice to terminate the agreement of …….

 

The property is to be vacated no later than the 17th of May, 2023. Failure to comply to this will lead to the commencement of legal proceedings.

 

So, compliance is necessary to ensure Mears Housing Management Ltd is not liable for legal cost.

 

Regards,

 

………………….

 

Landlord

 

 

 

 

[Deleted User]

People on this forum are so helpful.

LandlordZone they can be so harsh.

I have contacted Lisa's Law Solicitors and they have said the same thing that
​​​​​​​ they will also just send a notice/letter and that is what I can do myself.

Said the first class post letter is deemed valid as per the lease agreement.

AlexMac

Good luck Zoe, and thanks for updating this thread to let us know how you get on.

I have nothing to add, but was interested, 'cos, like you, I've passed a flat back into Social Housing tenancies, in my case via a Housing Association; a non-profit company who let to people from the local Council list. 

I was intrigued that in Tower Hamlets, they use a commercial company (Mears) in this role, so I googled them.  I was all the more interested because I once went for a job with Tower Hamlets Housing, years ago.  That process, including a bus tour for all 30-40 long-listed candidates (yes, bizarre, eh?) was outsourced to a recruitment agency  and was such a shambles that many candidates walked away!

Having seen who runs the Council, I'm not surprised they have outsourced their operations to a Commercial Company with over £870 million turnover; a lot of slack in that budget, nudge, nudge, wink, wink?  I'm glad I'm not represented by the "Aspire" party; 

https://en.wikipedia.org/wiki/Aspire_(political_party)

Of course, Wikipedia could be completely wrong in using pejorative phrases like  'corrupt or illegal practices' or both" , "one-man band", "Although then barred from running for elected office himself, XXXXXXX was behind the party. Aspire was his second attempt..." and  "after these (2022) elections, new allegations arose over voter intimidation, family voting and impersonating voters were raised by independent observers...."

Anyway, apologies that I have nothing helpful to say, but thanks for giving me a few moments of innocent recreational pleasure!

One positive observation, however; I hope that the last six years have been as productive for you as they have been for me?  While I'm struck by the irony of UK Social Housing policy (which meant that Government forced my local Council to sell off "my" Council flat to tenants, who sold it to someone else, who sold it to a grasping Capitalist like me, who leased it back to a Housing Association, who let it back to Council tenants), I've had 11 trouble-free years, with no voids, now management feews (the HA even maintain and do annual Gas safety checks and Certs).  This has more than compensated for a rent which is under local market levels!  Given that my early family life was massively enhanced when my mum got a Council flat in Brixton in the early '50's, it makes me feel less of a grasping C***!

Best wishes

PRAISETHESUN

Zoe02 said:

People on this forum are so helpful.

LandlordZone they can be so harsh.

I have contacted Lisa's Law Solicitors and they have said the same thing that
​​​​​​​ they will also just send a notice/letter and that is what I can do myself.

Said the first class post letter is deemed valid as per the lease agreement.

Make sure to post it over the counter at the Post Office and get a "proof of postage" receipt

[Deleted User]

AlexMac said:

Good luck Zoe, and thanks for updating this thread to let us know how you get on.

I have nothing to add, but was interested, 'cos, like you, I've passed a flat back into Social Housing tenancies, in my case via a Housing Association; a non-profit company who let to people from the local Council list. 

I was intrigued that in Tower Hamlets, they use a commercial company (Mears) in this role, so I googled them.  I was all the more interested because I once went for a job with Tower Hamlets Housing, years ago.  That process, including a bus tour for all 30-40 long-listed candidates (yes, bizarre, eh?) was outsourced to a recruitment agency  and was such a shambles that many candidates walked away!

Having seen who runs the Council, I'm not surprised they have outsourced their operations to a Commercial Company with over £870 million turnover; a lot of slack in that budget, nudge, nudge, wink, wink?  I'm glad I'm not represented by the "Aspire" party; 

https://en.wikipedia.org/wiki/Aspire_(political_party)

Of course, Wikipedia could be completely wrong in using pejorative phrases like  'corrupt or illegal practices' or both" , "one-man band", "Although then barred from running for elected office himself, XXXXXXX was behind the party. Aspire was his second attempt..." and  "after these (2022) elections, new allegations arose over voter intimidation, family voting and impersonating voters were raised by independent observers...."

Anyway, apologies that I have nothing helpful to say, but thanks for giving me a few moments of innocent recreational pleasure!

One positive observation, however; I hope that the last six years have been as productive for you as they have been for me?  While I'm struck by the irony of UK Social Housing policy (which meant that Government forced my local Council to sell off "my" Council flat to tenants, who sold it to someone else, who sold it to a grasping Capitalist like me, who leased it back to a Housing Association, who let it back to Council tenants), I've had 11 trouble-free years, with no voids, now management feews (the HA even maintain and do annual Gas safety checks and Certs).  This has more than compensated for a rent which is under local market levels!  Given that my early family life was massively enhanced when my mum got a Council flat in Brixton in the early '50's, it makes me feel less of a grasping C***!

Best wishes

Funny enough the 1 bedroom flat is ex local was why I didn't mind leasing it to council type tenants.

Don't think I will be using  mears or similar company again.

I have leased to council directly in the past and didn't have such issue.

Another flat due back from council in February and they have already informed me that it will be handed back. 

I have posted the quit notice to Mears and the address of the property also. 

Will put update on the outcome here.