The client instructed counsel to advise on a long-running dispute concerning two commercial properties: one leasehold interest held by the client and one freehold interest held by the client’s spouse. In 2017, the client entered into an oral agreement with two associates regarding the occupation and operation of both premises. The associates incorporated a company to run the businesses from the properties. No formal lease was executed, and the terms of the oral agreement remain contested.
The client alleges non-payment of rent, insurance premiums, business premiums, and repayment of a personal loan. Attempts to formalise the lease terms between 2019 and 2023 were unsuccessful. Possession proceedings were issued in 2023 but were ultimately struck out due to procedural deficiencies. A separate enforcement action was later taken by the client’s spouse to recover arrears through a Warrant of Control.
Counsel provided advice on the enforceability of oral lease agreements, the prospects of possession proceedings, and recovery of arrears through civil enforcement. The matter remains ongoing, with further action dependent on clarification of contractual terms and procedural compliance.
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