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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I signed over my tenancy rights on a commercial property, under

Resolved Question:

I signed over my tenancy rights on a commercial property, under duress. My solicitor has told mr I have no rights as a tenant. My landlord said he will renew my lease if I give him a premium payment of £240,000. We have already given him £180,000 for a fifteen month lease. Our lease ends in October. We can't afford to move as we have enormous equipment. Is there anything I can do?
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 briefly the circumstances of the assignment please?

Customer: What do you mean by assignment,
Alex Watts :

You signed over tenancy rights, could you please give me a brief background to that?

Customer: We changed our company name and therefore required a new lease in our new company's name. He made us pay him £180,000 to renew it. We could not move as we are a commercial laundry and we have ver heavy equipment. Our lease is finishing in October. He know wants a further £240,000 to grant us a new lease. We just can't afford it as the £180,00 crippled us. The lease he gave us specified the it did not grant us tenancy rights of 1954 or some date like that. What can we do
Alex Watts : Could you not just changed the company name at companies house or was it a new firm all together?
Customer: Our company was bankrupted
Alex Watts : Does the lease have a right to renew clause?
Customer: No
Alex Watts :

Do you want to just stall the time you have to leave or carry on there?

Customer: Either would be good at the moment. Can he ask me for another premium.
Customer: Either would be great at the moment. Ideally i would like to stay. Can he ask me for another premium.
Alex Watts :

On what basis is he trying to charge a new premium please?

Customer: He said that he can charge us for a premium to grant us a new lease. That's his basis. He's a greedy man who will charge us for anything he can.
Alex Watts :

Yes. You don't have an awful lot of rights sadly. If there had been a renewal clause you would have been generally ok

Alex Watts :

But you do not. What you need to do is apply to the Court for a declaration that you can renew and that he is not entitled to charge a premium

Alex Watts :

After all how can you been charged a premium twice for the same thing?

Alex Watts :

You will need to issue proceedings and complete form N208

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Alex Watts :

The Court will list the matter for a hearing and decide whether to make such a declaration

Alex Watts :

If the Court does then you can renew without a premium

Alex Watts :

Can I clarify anything for you about this today please?

Customer: What are the chances that we will be granted a new lease, also will this give us a bit of time delay things.
Alex Watts :

Yes it will be delayed. I can't say what the chances are, it really will depend on the Judge. You don't have a right to renew but asking for £240,000 is extortionate

Customer: If we go to court will the situation be judged fairly or on the basis that we don't have any legal rights. We signed the lease in that format because at the time it would give us 15 months.
Customer: I think he only gave us 15 months so that he could get another premium later.
Alex Watts :

I think it will be judged fairly. It seems extortionate to be charged £180k 15 months ago and then £240,000 again now

Customer: Where would I get an n208 form.
Customer: also how much would it cost me to take this to court
Alex Watts :

Online:

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Alex Watts :

Its £280 to start the claim

Customer: My lease finishes in October when I go to court will this stop him from evicting us.
Alex Watts :

You should seek a declaration now

Customer: What happens after that
Alex Watts :

The Court lists the matter for a hearing and decides whether to declare you are entitled to a new lease and whether the Landlord can charge a premium

Customer: Will that take long
Alex Watts :

It depends on the Court listing. It may be 2 weeks before it gets to Court

Customer: Ok thank you
Alex Watts :

Can I help with anything further today?

Customer: If I think of anything else I will ask, there is not much else I can do. Thank you
Alex Watts :

Great. if this answers your question might I invite you to rate my answer before you go today. The button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

Good luck with this.

Customer: Ok
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