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What does the lease say about renewal please?
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 ?
Do you have a separate lease for the dwelling or does the commercial one include that please?
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,
If the lease says you are entitled to a renewal then generally it is on the same terms.
If it does not say you are entitled to a renewal then the Landlord can dictate it.
The renewal would be having everything exactly the same as the current one, but the lease needs to say this.
If the Landlord wants to reduce to term you can seek a Court Order that he renew on the same terms.
Generally it is only the rent that is disputed.
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
I am just thinking of saving you costs
Can I clarify anything for you about this today please?
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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.
I can't say why the Landlord is doing what he is doing.
You could have a separate lease for the private dwelling if you wanted to yes.
You have 2 choices:
1) Accept what the Landlord wants to do, or
2) Go to Court
Can I clarify anything else for you?
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 ?
Because when the lease expires then you can be given notice to move.
Therefore you have the option of going to Court to ask the Court to extend it.
Does that help?
So from what i gather here is the following
1. I have the right to alease on similar
sorry it just went from my scsreen,
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 ?
Yes if you seek a renwal
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 ?
If they are giving you less than 20 years then you can go to Court.
i thought if one lives in a property whcih is your residence then you can go for 99yrs lease?
But this is a commercial lease, not private.
It has a commercial element
Can i split them and acquire the residential even though it has an commercial element?
Then it would be a new lease, so you are not entitled to renewal on the same terms
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?
Can I clarify anything else?
Thank you Alex you were really good and have answered all question for which i have been totally confused.!