W
WebBoard
Guest
From: Iona .
I have a small commercial property. Two years ago I agreed to let a company have possession on the verbal understanding that a lease would be signed (my solicitor gave me this advice and this was obviously wrong advice).
The tenants paid me a security deposit and have paid the agreed to monthly rent regularily. A lease was prepared by my solicitor and for the past 2 years their solicitor has queried various conditions in the Lease (these are the usual printed conditions in the Law Institute Lease Form) and I have agreed to them all. However, the lease has not been signed by the tenants or by me.
I now wish to increase the rent and have been told by their solicitor (via my solicitor) they will only consider an increase if the original lease is signed. However, I have no faith whatsoever that this will ever happen as their solicitor will just perpetuate the negotiation process, I am sure. My solicitor has told me that this is typical behaviour of the other solicitor.
I instructed my solicitor today that I want to evict these tenants and he tells me that it can be argued that an enforceable lease is in place by virtue of the tenants having possession of the property for the past 2 years. I have not signed anything (nor even sighted the prepared lease documents for which I have already paid $600 to my solicitor for preparing).
I am at my wits ends and I would welcome help to enable me to think through this dilemma.
So, where does that leave me?
If someone has some thoughts about this I would be most grateful.... Iona.
I have a small commercial property. Two years ago I agreed to let a company have possession on the verbal understanding that a lease would be signed (my solicitor gave me this advice and this was obviously wrong advice).
The tenants paid me a security deposit and have paid the agreed to monthly rent regularily. A lease was prepared by my solicitor and for the past 2 years their solicitor has queried various conditions in the Lease (these are the usual printed conditions in the Law Institute Lease Form) and I have agreed to them all. However, the lease has not been signed by the tenants or by me.
I now wish to increase the rent and have been told by their solicitor (via my solicitor) they will only consider an increase if the original lease is signed. However, I have no faith whatsoever that this will ever happen as their solicitor will just perpetuate the negotiation process, I am sure. My solicitor has told me that this is typical behaviour of the other solicitor.
I instructed my solicitor today that I want to evict these tenants and he tells me that it can be argued that an enforceable lease is in place by virtue of the tenants having possession of the property for the past 2 years. I have not signed anything (nor even sighted the prepared lease documents for which I have already paid $600 to my solicitor for preparing).
I am at my wits ends and I would welcome help to enable me to think through this dilemma.
So, where does that leave me?
If someone has some thoughts about this I would be most grateful.... Iona.
Last edited by a moderator: