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Alex J.
Alex J., Solicitor
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Experience:  Solicitors 2 years plus PQE
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I am being asked to sign a statutory declaration that will

Resolved Question:

I am being asked to sign a statutory declaration that will be annexed to a sub lease. The lease period is 5 years for a building we are going to use as a gymnastics academy but because of the statutory declaration would mean possibly no opportunity to renew the lease at the end of the period.
Should I refuse to sign the statutory declaration and try to negotiate a better position with the landlord and tenant?
Kind Regards
***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Is this a Statutory Declaration that gives up your rights of renewal under the Landlord and Tenant Act 1954?
Kind regards
AJ
Customer: replied 2 years ago.

Hi AJ,

Yes that is correct

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
You can try and negotiate with the landlord, but if you are a sub tenant you may find that your landlord (i.e the intermediate leaseholder) has no choice but to insist on this - they may have no right to actually offer you a lease renewal - especially if they have an expiring lease from a superior landlord.
How long is the lease?
Kind regards
AJ
Customer: replied 2 years ago.

Hi AJ,

I have the copy of the original lease, it runs until October 2021.

Kind Regards

Kevin

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Is this your sub lease?
Kind regards
AJ
Customer: replied 2 years ago.

Hi Alex,

No the original lease, it commenced October 2006 for a 15 year period.

Our 5 year sub lease is due to commence when everything is finalised.

Kind Regards

Kevin

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
If your landlord is a tenant and has a superior landlord, he can only allow you to have the business associated rights of renewal contained in the Landlord and Tenant Act 1954 if he has the benefit of the same.
The only way you can find this out is to ask. Alternatively you could ask for an assignment of the lease so that your relationship is directly with the superior landlord - you can then negotiate with this party directly for a right to a lease renewal.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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