Involuntary landlord needs help- let garage

[anita]

I let my property on a short lease, and low start up rent below what I had previously had, the tenent agreed the option to purchase my property or vacate the property, after months of wrangling over the sale, I was advised to a different solicitor than the one I had engaged, to give them notive to leave before they could claim the Landlord and tenent act, my sloicitor failed to do this, so I did it myself the tenant ignored this notice and is sitting in there today some 5 years late, I am receiving a very low rent, I have given them two months notice to pay a higher rent, and to enter into a new lease, after they got a surveyor to act for them, and he wrote to me demanding what the lease was going to be, I told him that I was not now going to negoiate a lease, and have returned their cheque, as they have refused to pay the new rent, can I evict them as they signed to leave the property on the old lease, and they have not paid the new rent

[Worldlife]

original punctuation edited by Worldlife for ease of reading

I let my property on a short lease, and low start up rent below what I had previously had.

The tenent agreed the option to purchase my property or vacate the property.

After months of wrangling over the sale, I was advised to a different solicitor than the one I had engaged, to give them notice to leave before they could claim the Landlord and tenent act.

My solicitor failed to do this, so I did it myself.

The tenant ignored this notice and is sitting in there today some 5 years late, I am receiving a very low rent.

I have given them two months notice to pay a higher rent, and to enter into a new lease.

After they got a surveyor to act for them, and he wrote to me demanding what the lease was going to be,

I told him that I was not now going to negotiate a lease, and have returned their cheque, as they have refused to pay the new rent, can I evict them as they signed to leave the property on the old lease, and they have not paid the new rent

I'm not sure that it is appropriate to condemn someone seeking help because of their inability to write well. Hope Anita will forgive me for editing her post.

Others may be able to advise on the implications negotiating longer leases. The problem here seems to be things have been left to ride.

I'm wondering if the sentence I have emboldened is a key issue. Could you see another solicitor (or do you have legal insurance?) and deal with the failure of the "different" solicitor. The problems you are now experiencing should perhaps have been dealt with by proper action by the "different" solicitor.

If your DIY notice was incorrect or badly completed it could be invalid

Do you have copies of correspondence with the "different" solicitor and might you be able to get help in setting out your grievance clearly.

[lucid]

Even though you have edited the above post it is still absolute gibberish. (I don't mean your editing)

We don't know the type of tenancy or what were the start and end dates. Or whether it is resedential or commercial or in fact a mix of both. (see similar post in commercial section)
Nor are we aware of the type of notices issued and how etc.

the poster must assume we mere mortals all know or can read her mind!

And what does "claim the landlord and tenant act" mean???
Claim what indeed.

Considering the posters lack of concise and accurate information and response to clarify such by members who reply there is very little that can be done to answer the posters question whatever that is.

[Worldlife]

Anita made things a lot clearer in the thread she posted in the Commercial Property Section (http://www.landlordzone.co.uk/forums/showthread.php?p=10864#post10864)

The post by Editor in that thread is most helpful.

I agree it is preferable to have the problem set out clearly and concisely but some people lack the skills and ability to do so either in writing or by interview. In such circumstances, even if one is being paid professionally, the situation can become too frustrating and the complainant feels you are letting him or her down and goes somewhere else.

Obviously one cannot overlook the possibility of troll messages but the posts in this case seem genuine and Anita is in a very difficult situation.

[anita]

eh? paul, I stand with you i have no idea what that is about, looks like it was written by a computer using keywords lol

my advice get out of the letting business and learn to spell wards corrictelay
I didn't want to get into the letting business anyway, if my b***** of my ex husband had run off with a younger bird I woud not be in this position, and in the begining the property a commercial garage was up for sale when the solicitor guess what f*** up, in not carrying out my instructions in issuing them notice, as I was advised by another solicitor

[anita]

Anita made things a lot clearer in the thread she posted in the Commercial Property Section (http://www.landlordzone.co.uk/forums/showthread.php?p=10864#post10864)

The post by Editor in that thread is most helpful.

I agree it is preferable to have the problem set out clearly and concisely but some people lack the skills and ability to do so either in writing or by interview. In such circumstances, even if one is being paid professionally, the situation can become too frustrating and the complainant feels you are letting him or her down and goes somewhere else.

Obviously one cannot overlook the possibility of troll messages but the posts in this case seem genuine and Anita is in a very difficult situation.
This is very hard for me to write down in a short space, and it is a very dfficult situation, I have had three solicitors on this problem now, and even they are confused, I have taken advice to day from the solicitor, who is my ex husbands solicitor and knew of my situation from the begining and who had advised me to serve notice on my tenant, before they could claim to be a tenant of "The 1954 Landlord and Tenant Act", and my acting solicitor then refused to follow my instructions, and my tenant is now claiming this, my ex husbands solicitor has advised me to take it up with the negligent solictor, I had already done this with a complaint to the complaint partner, of the company but have had no reply, it dosn't help when you have a problem that has been going on for years with neglegent solicitors, and people make nasty comments on my short cuts ie: landlord and tenant act, well this does exist dosn't it or are all the solicitors negligent

[anita]

actually I take your point............it is still not dechipherable!

am I oversimplyfying the problem or is it a case of if the "lease" was granted after feb 1997 it is automatically an ast unless specifically claimed to be otherwise ie assured tenancy.

If this is the case 2 months notice needs serving? problem solved?
NO the problem is not solved I am told today that I have to give them six months notice with one of the reason's below
1 I want the property back for myself to use
2 I want to redevelop the property
3 I find them another property

[Jennifer_M]

Anita, I can sense that you are angry but bear in mind people haven't seen any of your agreements and papers that your case involves, all we have to go on about is a few lines of text you wrote and that are very hard to understand.
If solicitors are getting confused when they have all the information, can you guess what happens on a forum ?

Anyway it seems to me that your problem is that your solicitor didn't do what you asked him to do and it has landed you in a difficult situation so do as your other solicitor said and sue him for whatever cost you have had.

And if your solicitor says that the only way to regain your property is to use one of these 3 grounds then that's it.

[yeahbutno]

Just to clarify - this is a COMMERCIAL lease, and there is a thread running about it in the commercial forum.

[lucid]

I just read the thread in the commercial section. But unfortunately it still is very cofusing.

Anita, no one is being nasty it is that without the correct information no one can help you. On neither threads have you stated the type of the tenancy nor the start date. Although the property maybe commercial were the tenants resedential or business?

The landlord and tenant act is a vast piece of legislation, covering many areas. What is it they are claiming from it??

And when you get to the bottom of the white area where you post your text you don't have to stop...carry on writing..more space appears...hurrah!! more room for you to explain.
:p