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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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My Letting agent has rented a flat to a Company on a Company

Customer Question

My Letting agent has rented a flat to a Company on a Company Let - the Company let has just 6 weeks expire, it was a 12 month tenancy
The letting agent has put the wrong Company name on the agreement although the Company has been paying the rent past 10 months, 11 soon , they are a group of Companies same building , large companies
The Company requested a 6 month break clause with 2 months notice either side
We offered the Company the opportunity to extend the tenancy, but they waited till exactly 2 months prior saying they wish to extend by 3 months, we do not want just 3 months and wish to terminate the agreement
Does the agreement just end on the fixed date in September, as it is not an AST it is common law
Unfortunately there is a clause that if the landlord wants to end he must use section 196 of the law of property act
This seem like a legal minefield, can the Company gain possession , or regardless of it being the wrong company name can we can still gain possession as they have been paying the rent
Can we serve just 1 months notice, or indeed just 1 months notice rather than 2 months If they stay , shall we accept rent only as mesne profits if they do not go
To confuse matters a little more the tenancy agreement only has the agents address and not Landlords address, and to throw a little more in Landlord has a flat in the same building, making a possible resident landlord. All though I would have thought that does not apply to a Company let.
Hope this makes sense, there is not much more that could go wrong in a Company Let
agreement
What advise do you have
i
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

You do not need to worry about giving s21 or s 8 notices as this is a corporate let and the company tenant is not protected by the Housing Act which applies to individual tenants, not company tenants.

This applies to: (a) any notice that is required or authorised to be served or given by the 1925 Act and (b) any notice required to be served by any instrument affecting property, unless the contrary intention appears.

You also do not need to worry about S196 of the LPA as it is a procedural requirement if you are giving notice. In your case, you are not giving notice and the tenancy will simply run out on the end of the fixed term.

According to section 196, the following rules apply to notices:

They must be in writing.
They must be addressed to “the tenant”, “the mortgagor” or “the persons interested”.
Notices can be served by:
a. Leaving it at the last known place of abode or business in the UK of the person to be served. A company’s place of abode is its registered office address.
b. Sending it by registered post (which includes recorded delivery) at the place of abode or business providing it is not returned by the postal operator.

You do not need to worry about the name of the wrong company being listed on the tenancy agreement or the fact that the agents address is used for the landlord address. The important issue is the company being a tenant, not who or what the landlord is.

Yes, if they do not go you simply accept rent as mesne profits.

May I help further?

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