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After The Tenant Has Gone!

Reasons to choose Wilson Browne

As a landlord and the owner of commercial property you may have different emotions when a lease comes to an end and you finally have possession back of the premises.

It may be the lease has run its course and has come to an end because it has expired or it could be that you have to forfeit the lease because the tenant has fallen behind with the rent.

Prevention is better than cure

If you have a good relationship with your tenant and the lease is coming to an end because it is due to expire then it is worth arranging a site visit to talk to the tenant about removing items from the premises.

Bailment

Bailment is one of the oldest legal relationships that exists. If after the lease has come to an end there are goods left at the property then you will become an “involuntary bailee”. This means that you have a duty placed on you to do what is right and reasonable with the goods. This means that you cannot dispose of the goods without making enquires or you could face a claim against you for damages. If you sell them then you must get best value for the goods.

What’s in the lease?

It is always worth checking the lease. It will very often have clauses in that specify how long the tenant has to collect goods and what powers the landlord has if the tenant fails to collect goods within the specified time frame.

Practical Advice

Always put a notice on the entrance to the property and take a photo of it to prove that attempts have been made to trace the owner of goods.
Carry out an inspection of the premises and list any items that are left behind and take photographs. Do not let third parties collect goods unless they have proof of ownership.

Call us today for a free initial discussion. We’re all the help you need.

David Farmer

Posted:

David Farmer

Associate

David is a Solicitor in the Commercial Litigation Team and advises on a variety of civil and commercial disputes including commercial property, (focusing on dilapidations and forfeiture disputes), debt recovery and both personal and corporate insolvency, breach of contract, shareholder disputes, professional negligence claims.