problem with tenant with no lease – commercial

Landlord Expert
By Landlord Expert August 7, 2013 10:45

I have a tenant for 32 years in a commercial property, there was never any lease signed or agreement written out. the shop is 200 m2, ground floor not sharing, self contained etc so there no issue outside of my problem. The property was purchased as an investment and I had no agent to look after the business side of things. In feb 2011 he stopped paying rent because there is a leak to the roof which I agree with. He insists that I fix the leak first before he pays his rent. we have been to the county court and the judge ruled that we should sort our differences out between ourselves or he would appoint a barrister, at a cost of £2000 to make a decision on the next court date?

My position is that if I dont get the income from the rent I can not afford to carry out maintenance, not that the rent £240 pcm which is what he was paying 32 years ago will cover the repairs. I am unsure if I am defaulting on my duty as a landlord with not repairing the roof. but he is also defaulting on his duties with regard to the council fire inspection (the place is a tip with live wires, broken toilets, fire hazards all over)

Of course I have tried to reason with the tenant but he aint playing ball and with a rent of £240 a month just seems like hes taking the micky.

I can not afford solicitors fees so if anyone could advise me on this matter would much appreciated.

I also need to know if I can impose a new tenancy thats up to date and charges current rates (which should be £16,000pa) or simply can I evict him.

as I have said there is no written tenancy or agreement, the advice I have had so far is sketchy because of this.

again thanks

Landlord Expert
By Landlord Expert August 7, 2013 10:45

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