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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I need advice on commercial property law. The company has

Customer Question

I need advice on commercial property law.
The company has a sub lease from a head leasee (Barclays Bank Property Holdings Ltd, that is outside the landlords and tenants act. The head lease and sub lease are due to expire.
Negotiations between the landlords agent ( a national form of estate agents) had progressed to "heads of contract" but prior to signature the agent significantly changed to terms.
Negotiations are close but we are being put under pressure to sign within one week or vacate.
Todate we have been a good tenant of this 2500 square feet office
Question
Can the landlord force eviction, or does he need a court order, and if so would the court give us reasonable time to find alternative property.
Thank you
James
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Buachaill :

1. Once the term of a lease is up, then to remain there you are overholding. Normally a lease will give a landlord a power of re-entry upon expiry of a lease. So here the landlord can effectively come in and force eviction. You would need to go to court and get an order permitting you to remain there or else negotiate some arrangement to stay, such as a caretaker agreement. You would effectively be seeking relief against ending of the lease.

JACUSTOMER-n70ash40- :

you have not read the information supplied.

JACUSTOMER-n70ash40- :

We have a sub lease that expires on or about the same date as the head lease.

JACUSTOMER-n70ash40- :

The head lease has no right to enter the premises.

JACUSTOMER-n70ash40- :

there is no reason why the should at the expiry of their lease

JACUSTOMER-n70ash40- :

In domestic terms that would make us a squatter, however the issue is that the landlords agents has at the last minute changed the terms.

JACUSTOMER-n70ash40- :

Please answer the question

JACUSTOMER-n70ash40- :

Can the landlord force an eviction, or does he have to go to court.

JACUSTOMER-n70ash40- :

If he goes to court can we reasonably expect to be allowed a period of time to find alternative premises

JACUSTOMER-n70ash40- :

Thank you

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Is there a right to renew or re-entry in the lease please?
Customer: replied 2 years ago.

Hi Alex

The head lease and the sub lease are expiring.

The sub lease is outside the landlords and tenants act, hence there is no right to renew.

The issue is that we had "subject to contract " agreed the terms of a new lease. Hence we stopped looking for a new office.

At the last minute the landlords agent has started to un reasonably change the terms and significantly increase the rental costs.

We are now under pressure to agree or leave.

I think both parties want to agree, but the agent thinks they can bully us to accept the new terms.

My question is the mechanism to make us leave. If I know that the landlord has to go to court, and the court may grant us say 6 months to find a property, then we can buy time to agree a sensibly negotiation

Your thoughts please

Expert:  Ash replied 2 years ago.
If the agreement says there is a right of re-entry then no Court order is needed. Generally only Court orders are needed for private dwellings for possession.
Therefore the Landlord can take possession regardless of whether or not you are up to date on rent etc, you are holding over.
The only thing you can do is a seek an injunction to stop the Landlord, but there is no point. There is no right to renew and the Landlord is entitled to possession.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

thank you

Expert:  Ash replied 2 years ago.
Happy to help.
Please remember to rate before you go!
Thanks
Alex
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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