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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I hAVE LIVED IN W1 AREA , LANDLORDS PORTMAN ESTATESINCE 1986.

Resolved Question:

I hAVE LIVED IN W1 AREA , LANDLORDS PORTMAN ESTATESINCE 1986. i HAVE A COMMERCIAL LEASE tHIS IS MY PRIME RESIDENCE SINCE 1986. MY LEASE COMES TO AN END 2015 . WHAT ARE MY RIGHTS FOR EXTENSION OF MY RESIDENCE .
FULL REPAIR INSURANCE LEASE WITH RESIDENTIAL ON 3 FLOORS AND RESTAURANT IN GROUND FLOOR.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What does the lease say about renewal please?

Customer:

AS I SAID BEFORE REPAIRABLE INSURANCE LEASE THE LANDLORD HAS TO RENEW . I HAVE ENJOYED 20 YEARS . NOW THEY WANT TO BRING IT DOWN TO 15 YEARS AND I WANT A LONGER LEASE AS I LIVE UPSTAIRS AS THIS IS MY PRIME RESIDENCE. WHAT ARE MY RIGHTS ?

Alex Watts :

Do you have a separate lease for the dwelling or does the commercial one include that please?

Customer:

Sorry i had to retire. to answer you question, the dwelling is in wthe upperparts on 3 floors of residence and i live on the 3rd floor whilst renting the 2nd and 3rd. ground basement is a restaurant and rented by me as i hold the head lease. I have lived in these premises for 28 years as prime residence . i now am 63 years.I can sublet the restaurant on a seperate lease which i have not done so far. looking forward to hearing from you. tk you,

Alex Watts :

If the lease says you are entitled to a renewal then generally it is on the same terms.

Alex Watts :

If it does not say you are entitled to a renewal then the Landlord can dictate it.

Alex Watts :

The renewal would be having everything exactly the same as the current one, but the lease needs to say this.

Alex Watts :

If the Landlord wants to reduce to term you can seek a Court Order that he renew on the same terms.

Alex Watts :

Generally it is only the rent that is disputed.

Alex Watts :

Of course if this new lease also contains a renewal clause then even if you were to have a 15 year term then you would be entitled to an extension anyway

Alex Watts :

I am just thinking of saving you costs

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer:

Dear Alex , sorry i was talking to my surveyor as he had a meeting with the Porman Estates on Monday. One of the option they have offered is they would like to compensate me if i opt out of the 54 act that protects me ! some cheek ! I am trying to get my residence lease extended to the maximum as i maybe qualifying as a sitting tenant ? how does all this apply to me. ? why are they shortning my lease saying that they can do that ? yes i would like to apply to court should i have to. When does one do that after i hear form the Landlord ? can i voluntraly hand over the commercial and keep the upper parts ( to which they have said no) . what i really would like to know what is my situation ? do i get to be a sitting tenant. tks looking forward to hearing from you.

Alex Watts :

I can't say why the Landlord is doing what he is doing.

Alex Watts :

You could have a separate lease for the private dwelling if you wanted to yes.

Alex Watts :

You have 2 choices:

Alex Watts :

1) Accept what the Landlord wants to do, or

Alex Watts :

2) Go to Court

Alex Watts :

Can I clarify anything else for you?

Customer:

But Alex the dwelling is part of the head lease and i am in a street that starts with no 1 and runs both sides to 25 units and is a very popular street with cafes pubs and boutiques. I am the oldest tenant and new comers have only the commercial unit given for 5-10 years. only two or three tenants have the upper part as the landlord now does not give the commercial with residence . they rent it out themselves . Once again i have a full repairing insurance lease. Do i qualify to be a siting tenant ?

Alex Watts :

Sadly no.

Alex Watts :

Because when the lease expires then you can be given notice to move.

Alex Watts :

Therefore you have the option of going to Court to ask the Court to extend it.

Alex Watts :

Does that help?

Customer:

So from what i gather here is the following

Customer:

1. I have the right to alease on similar

Alex Watts :

1. Yes

Customer:

sorry it just went from my scsreen,

Alex Watts :

Of course

Customer:

I am entiled to 20 years like the previous lease, the rent will naturally vary . if they do not agree i go to court , what guarantee after that excercise i will get my 20 years?? do i ask for a split in the lease and hand them the commercial for a compensation ?

Alex Watts :

Yes if you seek a renwal

Customer:

My renwl i understand is confirmed it is the terms of 20 yrs or more they are denying and you say that they should not and i shld go to court ?

Alex Watts :

If they are giving you less than 20 years then you can go to Court.

Customer:

i thought if one lives in a property whcih is your residence then you can go for 99yrs lease?

Alex Watts :

But this is a commercial lease, not private.

Alex Watts :

It has a commercial element

Customer:

Can i split them and acquire the residential even though it has an commercial element?

Alex Watts :

Then it would be a new lease, so you are not entitled to renewal on the same terms

Customer:

Oh yes , i got that ! so sit tight renew and apply to court should they short change me . I gather form you they cannot deny me a 20year like the previous lease?

Alex Watts :

Correct

Alex Watts :

Can I clarify anything else?

Customer:

Thank you Alex you were really good and have answered all question for which i have been totally confused.!

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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