Company Let
When renting a property to a company, under law, the difference between a Company Let and an
AST, is that all Company Lets are Governed by the Law of Property Act instead of the
Housing Acts, this means that the tenant is not recognised as a consumer and will not given the same protection as one who is.
ALWAYS carry out a proper credit check on the company for if they become insolvent you are an unsecured creditor and unlikely to recover any loss. A good website for a basic search is
opencompany
AlWAYS request for a third party Guarantor, as a guarantee from one of the Company's Directors could turn out to be worthless if the company falls into insolvency.
Should the tenant refuse to leave you would have to Issue a Section 146 Law of Property Act 1925 Notice "LPA25 Notice". You are advised to use a Solicitor to write this notice, as potentially each contract will differ in the way that it is drawn up.
As the Housing Acts are not applicable to a Company Let, then you are unable to use a Section 8 or Section 21 notice, in doing so could create confusion and it may be argued that you let directly to the tenant and not to the Company. The obligation to perform [pay] is the Company's and you should avoid receiving payment direct from the occupant.
There is no need to protect any deposit in a Deposit Protection Scheme because Company, Assured Tenancies, Lodger, Contractual and Licence agreements are exempt
How to End a Company Let
Ending the Company Let - Before the last day of the fixed term - Ideally issue at least one month before end date- so all parties may plan accordingly
Firstly send a letter of this format
[property address]
[property address]
[property address]
[property address]
Date
Dear Company name,
Your tenancy of [Enter property address] comes to an end on [Enter last day of tenancy] .
I do not intend to renew the tenancy. Therefore, you should make arrangements to vacate the property by midnight on this date.
Should you fail to vacate the property then I will be forced to take proceedings against you in the local County court to recover possession without further notice. Additionally I shall seeks costs for such action.
Your sincerely
[Landlord's name]
[Address and contact phone numbers]
Please ensure you CC : To the registered office address of the company
[Letter Ends]
IMPORTANT IF AFTER THE LAST DAY OF THE AGREEMENT HAS PASSED
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If the fixed term has passed and the tenancy has continued by agreement between the landlord and tenant, this Notice to Terminate a Contractual/Common Law Tenancy Agreement is not suitable and a Notice to Quit - Terminate a Company Let/Contractual Tenancy Agreement should be used (under Law Property Act 1925 (LPA 25 Notice). We do not provide such a Notice for each agreement can differ for one has freedom of contract and these can become a complicated issue see a Solicitor , consider lawpack standard document click here
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