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scot1
13-12-2009, 13:19 PM
Hi,
I have a commercial property let on a 5 year lease. The tenant has been a nightmare and now has about 3 months of arrears (getting the rest has been hard work) and is only 1 year in. To give a background the tenant is subject to all kinds of investigations for fraudulent trading – they operate under various Ltd companies and seem experienced in maximising out suppliers credit. The company the lease name is in actually doesn’t trade but takes the debt, the trading company has an almost identical name and takes the profit. All illegal I suspect but that’s another fight. We have multiple reasons to terminate the lease and get rid of them.

We have begun the process of irritating the lease and the lease should be effectively terminated on Monday. Our solicitor says the next stage if they don’t move out is that we must apply for eviction action through the courts but that this will be very costly and could take weeks/months. I suspect they won’t move out without some kind of action.

My question is, if their lease is terminated can’t I just go in and change the locks (or arrange for a sheriffs officer to do so)? I’m happy to arrange for tenant to take their belongings (or to stick them all outside the door). We wouldn’t have any confrontation and would do this when no-one was in.
Is my solicitors advice correct?

I’m finding it hard to get much info on the web that applies under Scots Law.

Any advice much appreciated.
Many thanks.