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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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HI i have a commercial tenancy ending outside the L&T Act,

Resolved Question:

HI i have a commercial tenancy ending outside the L&T Act, should the landlord serve notice or is it not required?
Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know when you say serve notice, in relation to what please?
Customer:

Thanks Alex, I have a commercial tenancy outside of the L&T Act 1954 and therefore no right to renew on expiry at 31st December ...the landlord states they won't renew the lease, does the landlord still have to serve a notice to quit despite this or simply tell me to go by email as this is what they've done?

Customer:

Thanks so much

Alex Watts :

What does it say about termination etc?

Customer:

HI...they simply say they wont renew the lease and told me so in an email.

Customer:

..oh and sorry to vacate and leave the premises empty, we're arguing about dilapidation's

Alex Watts :

Ok - let me look a few things up

Customer:

Thanks Alex

Alex Watts :

Does the tenancy require notice to be given etc?

Customer:

...as far as I know only if inside the act but that's question I ask , if it's outside the is notice required?

Customer:

...nothing withing the lease to say

Customer:

..apart from to yield up on expiry etc etc

Alex Watts :

Thank you. So it does say yield upon expiry

Alex Watts :

If it did not say that then they would have to give you notice, as per the terms of the contract.

Alex Watts :

But at the end of the contract you have a tenancy at will - this means you can be evicted at any time

Alex Watts :

But if you refuse to leave then they can't just come in and change the locks, they would need a Court order

Alex Watts :

It is only when you are in arrears can a Landlord just walk in and take possession

Alex Watts :

But as it stands the Landlord does not have to give notice because the agreement says you should give up the property.

Alex Watts :

But if you dont a Court order is needed.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thanks so much Alex , that's exactly what I needed , I've always paid the rent on time and will continue to do so.

Customer:

..and now I know they need the court order , that's great , I guess I can't really defend that and the order would be final, is there a time scale for leaving with such an order?

Alex Watts :

Probably around 1 month I think

Alex Watts :

Does that help?

Customer:

Thanks so much Alex...best wishes Alistair,,,:-)

Alex Watts :

Thank you, ***** ***** could invite you to rate my answer before you go, it should be a button at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

OK will do...thanks again...

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