pebble started this topic @ 23:47 on 30/12/2006
Okay so the problem here is my father who doesnt ask for any help has finally asked for some help- I think he is in lots of trouble. He is 65years old and has a business property he tried to sell but eventually opted to only lease out last year.
The tenants found the solicitors and got the contract drawn up a year ago. They paid an initiall deposit and invested in the property to make it look good for their business and then paid monthly rent and bills. Until 3 months ago when they stopped paying rent and they have now disappeared. Leaving the peoperty locked up and unpaid bills. They are uncontactable... no address and no contact number.
Anyway someone has been in and taken the boiler and locked up the property and gone again- and also cause a leak ... all the neighbours proprties are affected.
My dad does not have keys to enter
Furthermore when I finally read the contract and it mentioned insurance I asked my farther who his insurer was. He replied he had never insured the property! I think he though it was the tenants responsibility.
So can anyone help?
Can we break in/get a locksmith to enter and sort out the leak?
Can we reclaim the property and sell it?
Where does he stand - having never had insurance- he seems to think the tenant had organised it. but doesnt have any details.
thanks
pebbles
RE: landlord who leases business needs advice
fastfences | 31/12/2006 10:38 AM
Hi Pebs
You and your father are in a real dilemma here. You will be best served by some legal advice on this because there are strict laws of when you can re-enter a property after it has been 'abandoned.' Even for maintenance I believe you need the leaseholders (lessee) permission to enter unless it is safety related. Given that the leak impacts upon the safety of other properties I think you would be allowed access - but please check first.
If there's no insurance on the property get it right now - what if it burnt down? The lessee generally insures there own property as in contents etc, not the building itself.
Your dad should be insulated from paying the bills, unless they are in his name. Services and utilities should have been changed to the lessee's name, but if they weren't, your dad is liable. There's a private detective on this forum who may offer to assist in finding the lessees.
http://www.salgadoinvestigations.com
There's also a good solicitor.
Cheers, Nigel
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RE: RE: landlord who leases business needs advice
pebble | 31/12/2006 11:41 AM
Dear Nigel
Thank you for replying. I cant believe this is a sunday and NYE at that too.
I need to try and help my dad get some kind of building insurance today- your right!! I am not sure where to get it from. Im having a look on the net but any tips would be greatly appreciated.
I guess we need to contact the solicitors today but I rang the number on the contract for the landlord/leasee agreement that my dad has a copy of and there isnt an answering machine or anything.
I then rang the telephone for my solicitors that I used when I bought my house and they are not open.
I think I really want my dad to sell this property if and when thats possible. He had a heart attack last year and I really dont think he is coping well with the stress.On top of this he also owns other property( has done for years ) residential propery that he rents out to students- but he manages it all and this year he had to go out on christmas day to sort out a break in!
Any advice on how to sell?
All his deeds are with his solicitors and he has no copies!!!
He owns a residential property next door and he could sell the two together and then concentrate on just his resedential lettings maybe???
Thank you
Pebble
RE: landlord who leases business needs advice
SALGADO iNVESTIGATIONS | 31/12/2006 11:44 AM
Hi
The lease ie contract will be very important here. He needs to get legal advice as soon as possible. I'm assuming the property isd owned by your father, Does he own it outright or is there a mortgage? If there's a mortgage, did he have permission from the lender to rent the property? What does the lease say about the leaseholders and their responsabilities? Those question and others need to be answered by a solicitor and your next step will be dependant on those answers.
I can locate the leaseholders and secure the property when the time comes for that if neccessary. You can contact me via my web site should you need to do so. Best of luck with it.
Regards & Happy New Year.
Jorge
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RE: RE: landlord who leases business needs advice
pebble | 31/12/2006 02:03 PM
I think this website is mostly concerned with residential property and not commerical. This is a commercial property tenancy?!
thanks though
RE: landlord who leases business needs advice
emplaw | 31/12/2006 03:59 PM
As the tenants have left the building then it is unlikely there is anything in the lease to prevent your father from visiting there with a locksmith to secure his property.
However as we are open again on Tuesday he should email over a scanned copy of his lease and he can have some free advice early on Tuesday. His lease will have in there somewhere a clause allowing access even if the tenant was still in there. As the tenants have left now the property should be checked as soon as possible to avaoid any claims being made against your father for problems as described above regarding the leak.
Insurance should be obtained as soon as possible as should access to the premises as he clearly needs to ensure the property is safe and get it in a condition to sell.
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