Is the uncle the executor of the nephews estate?
Do you have any papers at all? Do your bank statemets reflect monthly rent?
How long have you been there? What would market rent be?
Do you occupy eclusively?
Yes he is the executor to his nephews will, yes we do have bank statments that reflect monthly rent and electric/gas. We have been there since Oct 2009. In what repect do you mean by exclusively?
No we do not share
Thank you. Presumably, you canget bank statements that show the payments made and going through your bank.
He is entitled to be paid themarket rent.
So, what you need to know iswhether you have any security of tenure or not.
It really depends upon theterms on which you occupy the property at present.
If the nephew wants you out ofthe property, he will argue that you had a licensed/tenancy at will, and thatis terminable on reasonable notice which would probably be between one andthree months.
On the other hand, you willargue that you have exclusive possession of the property and you can excludethe landlord as you wish and therefore you have a lease, albeit that it is notin writing. The writing simply provides certainty.
Even if you had a documentwhich said it was a licence on a month by month basis, just because it says itis a licence and not a lease does not necessarily mean that it is not a lease.If it is a lease, then you are entitled to a written document to providecertainty and cannot simply throw you out. However, let me tell you that manycourt cases costing tens of thousands of pounds have been fought over whether aproperty is occupied on the basis of a lease of a lease or a licence. If youGoogle "lease or licence"
in the same search box(brackets that exact term into the search box, but without the inverted commas), it will give you plenty of reading.
Can I help further?
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I will dicuss your answer with my partner and get back to you maybe tomorrow
We understand exactly what you are saying regarding Lease or License. Our problem has been that even though we have already agreed a lease and infact sent a copy to him of a proposed lease for his parusal, (As he does not understand what a lease should contain)He has now decided to make things awkward regarding the final signing, I am convinced that he is just trying to gain further monies from us any way he can (AS EXPLAINED IN THE CHEQUE SITUATION). I just want to verify in your opinion could he ask us to leave because the lease is not signed or do we hold a right of ocupancy due to the fact that we have been building the business fo over 3 years now and can proove with bank satement and accounts that we have always paid the rent and any other bills relating to the building or business. We have not only kept the building in good order we have infact made vast improvments.
I do not think that the rent situation was fair but am willing to accept. but i will not be bullied into paying out monies that i do not owe so that i can have the lease. Maybe now you can see my dilemer.
The business is immaterial.
You simply have proof of rent payment. The lease licence argumnet remains if he will not renew.
If he wants more than market rent, then you either negotiate or move. He loses a tenant. You are playing bluff/poker who bottles 1st.
You are not entitled to anythibg for improvements nor does it increase the rent.
Can you find out who the beneficiaries are?