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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I rent a stable yard from the council, how it came about we

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I rent a stable yard from the council, how it came about we was renting a couple of stables from the pervious tenant she then give up without telling us. A couple of weeks later the council turned up with notices saying they have a got order to get her of and anyone else. Of course everyone was worried so was we has we had stallions. They told had if we wanted to take the lease over we had 1 1/2 days to pay £12,000 then we could all stay. We sign a four year one on 9th dec 2010 but they back dated it to 10th Oct 2010. Plus they double the rent at that time we wasn't concern. As the months went on walls were falling down roofs etc. I contact the council and they said we had a full repair lease. But I was told we was respondsable for only repairs from when we took over not pre existing conditions. The walls always look good until the first winter but it seems she was using house hold whitewash paint and this as cause all the damage to the bricks crimbling and fall out. They also allow her a few years before to knock down walls but she did not put the roofs back to the condition they were, and now the roofs are falling down. Last year we had a wall fall and kill our pony when a builder looked he said were she put other stables to close to the brick ones no down pipe was put there for the rain so it's been going into the bricks. Hence the wall falling down. They did not give us time to have a survey on the place as we were stress because of the notices and one and half days to get the money to pay for it and £6000 was a dep. Now they say they sent us a recorded letter in June saying the lease will not be renew in October. But we did not have any letter we have asked so many times for prove of this and no time have they been able to give us this. In August 15th we had a hand delivery notice which said they are not renewing the lease but we are meant to have four months notice. I will Amit we have been behind on payments at times as a barn fall down costing us £30,000 and we was not expecting this, this was all the money we had for the repairs. So when the wall fall down we had to get that done and I did inform them this is the case p,us getting rid of over 100 tyres that was left there. We have asbestos on some of the roofs and they never reply to my emails when I ask what is happening about the asbestos. Altogether we have about 30 horses at the yard. I have manger to get the next four years rent which is £48,000 to pay upfront but they will not answer this either. Can you advise me on what we 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 if the lease has a renewal clause in it please?
Customer: It says it is a grazing licence for four years. Four months notice on either side. Fully repairs .signed 9dec 2010 back dated to 10th oct 2010.
Customer: Yes it does
Alex Watts :

On what basis are they not renewing it, bearing in mind it states it can be renewed?

Customer: They said because repairs not been done I have given them pictures of then and now. And it clearly shows the amount of work. He said we should check our survey we had done, but cause we was rush by them we didn't have time to get one as we had one and half fays
Customer: days
Customer: To compaete
Customer: the paper work or we all be out
Customer: We also got letters from other people that said the person before didn't do any work only white wash everything. To make it look nice.
Customer: Can I not say as we didn't get notice till August 15th it goes to dec. or do we have a case for court. I do have enough money now from uncle to pay upfront four years rent, and he wants it in writing that he can do put all new stables up.
Customer: It keeps coming up to rate u but u not answer ?
Alex Watts : Yes no need to rate until I have provided an answer.
Alex Watts : Does it say in the contract how much notice they should give you?
Customer: Four months
Customer: And needs to be sent by special delivery and also 1st class.
Alex Watts : Ok. Let me give this some thought
Customer: Ok
Alex Watts : Right, the council can't end the lease. You have a right to renewal and in any event if they want to terminate they must send notice first class special delivery
Alex Watts : I assume this has not been done.
Alex Watts : Therefore as you have a renewal clause you can apply to the court for relief and renewal.
Alex Watts : You need to complete form n208
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
Alex Watts : The court will list the matter for hearing and decide whether to grant relief and order a renewal.
Alex Watts : If the court does then a
Alex Watts : Then all is well
Alex Watts : Based on the fact you have a renewal clause I am sure the court will.
Alex Watts : Can I clarify anything for you about this today please ?
Customer: They said they sent a special delivery notice in June but can not give me proof of this my friend who works there collect a copy on the 15th August. I got a 1st recorded on the 16th August and 1st class on 19th August. So would the four months start from when I got the recorded letter on the 16th August.
Alex Watts : There we go so it would be when you first got the recorded letter 16 August.
Alex Watts : But in any event you can seek relief about the renewal from court.
Alex Watts : Does that help?
Customer: It does but the man from the council told one of my liveries if her horse is still there on the 10th of oct a ballff will remove it. I did say to her they are trying to scare her.
Alex Watts : That is why you need to seek relief now and not wait.
Customer: So this will hold them up till it goes to court
Alex Watts : Does that help?
Alex Watts : Yes it will
Customer: I am having a heart op on the 19 sept would I be able to ask for a date in about fourweek
Alex Watts : It's a matter for listing but you can ask for dates to avoid. It won't be that quick to be on 19th anyway, it's at last 3 weeks away
Customer: Ok thank u.
Alex Watts : Can I clarify anything else?
Customer: Could you explain how I put it down on the form right.has the court said if it's not correct it will not be accepted.
Alex Watts :

You are asking for a declaration that you have a right to renewal the lease and remain in occupation.

Alex Watts :

That is what you are seeking

Alex Watts :

Does that help?

Alex Watts :

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