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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10408
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hello. My Town Council has an under lease from our District

Resolved Question:

Hello.
My Town Council has an under lease from our District council to let property. I have been occupying and paying rent since April 2014 but have only now got their final lease agreement. I run a children's theatre group which is a non profit making set up.
The lease has an additional notice which points out that by signing I will be accepting a lease offered without security of tenure and that they wish me to sign a Statutory Declaration and agree to waive my rights under the L&T act 1954.
There is no clause to say that the landlord must give notice of refusal to re-offer the lease at the end of the annual term or have just cause to refuse.
This does not seem right to me as it does not allow me to plan or build upon the work I'm doing.
They do suggest seeking advise to get an alternative lease drawn up that does not exclude my rights. I am both confused and feeling vulnerable.
If you are not able to advise the best course in your reply, please would you advise me the best way to get advise and help.
I thank you in anticipation of your time and response.
Kindest regards
Vince Gregory
0786(###) ###-####
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

How long is the proposed Lease? Would you be prepared to have a longer Lease if need be?

Any further information you can let me have would be appreciated.

I look forward to hearing from you.

Kind Regards

AL

Customer: replied 2 years ago.

Thank you for your reply Al.

The lease is for one year.
The town council have take on a closed high school building are are slowly turning it into a Community Centre for local enterprise and small business people to set up with their own premises instead of hiring halls and the like.

As I would like to plan future work and employ people I would indeed prefer a longer lease, but they have refused this.

Best regards

Vince

Expert:  Aston Lawyer replied 2 years ago.
Hi Vince,
Thanks for your reply.
As you may know, most commercial Leases allow the Tenant to request a new Lease at the end of the term, on the same terms as the existing Lease. This allows the Tenant to remain in their "business premises" and by the same token restricts the Landlord from "getting the Tenant out" at the end of the Lease term.
Therefore, where Landlords don't wish the above scenario to potentially take place,they will grant a short term Lease (12 months for example), excluded under the Landlord and Tenant Act, which means the Tenant is NOT entitled to renew their Lease at the end of the Term.
It appears to me that the Council wish to "keep their options open" as to the future use of the Building and hence why they won't agree to allow you a longer term Lease, with security at the end of it.
I am afraid the Council are free to dictate the terms of their proposed Leases, like all Landlords, and if the Tenant is not satisfied with those terms, they should not proceed, and instead look for alternative premises.
I am sorry this is not the answer you were looking for, but the Council are free to propose the terms of the Lease and there is nothing you can do to force their hand.
I hope this assists you.
Kind Regards
AL
Customer: replied 2 years ago.

Thank you again Al.

I understand.

Best regards

Vince

Expert:  Aston Lawyer replied 2 years ago.

Thanks Vince.

If you are happy with my Answer, I would be grateful if you could leave positive feed

back.

All the Best

AL

Customer: replied 2 years ago.

I will Al but in fact I didn't get to finish my last message.

I do understand but in my original question I pointed out that they Town Council in their lease have not stated or indicated that any notice would be given should they wish to refuse renewal. Nor does it say that refusal would be made with just cause.

Would it be unreasonable for me to ask that such a clause be entered?Am I leaving myself open to the possibility of instant dismissal from the rented premises at the end of the term?

Regards

Vince G

Expert:  Aston Lawyer replied 2 years ago.
Hi Vince,
The proposed Lease, not giving security under the L&T Act, means just that- ie at the end of the term, the Council can ask you to leave, without having to give you any valid reason for their decision, similar to the usual residential Tenancy. The Council won't therefore be prepared to alter this right.
Therefore, you have to accept that if you enter into the Lease, that the Council can ask you to leave at the end of the term full stop.
Sorry I can't give you a more favourable reply.
Kind Regards
AL
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10408
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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