How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

If commercial lease dated 2002 should have registered at the

Customer Question

If commercial lease dated 2002 should have registered at the land registry as being out side the landlord and tenant 1954 but according to what is held at the land registry it seems that there is no mention of lese being outside the or a copy ofa court confirming this , as would have been required in 2002 . Can the freeholder or lessor apply to the land registry for rectification if a court exists but has not been mentioned in the lease or regististed at the land registry?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify whether the tenant is willing to accept a contracted out lease please or whether the tenant would resist such an attempt by the landlord?

JACUSTOMER-dsl7lljo- : Assume the tenant would resist.
Joshua :

Thank you. Was the landlord represented by a solicitor?

JACUSTOMER-dsl7lljo- : Yes
Joshua :

Thank you.

Joshua :

What is proposed is rectification based on unilateral mistake - i.e. the tenant is unlikely to agree that a mistake was made. In order to seek rectification, the landlord needs to prove the following:




  • One party, A, erroneously believed that the document sought to be rectified contained a particular term or provision, or possibly did not contain a particular term or provision which, mistakenly, it did contain.




  • The other party, B, was aware of the omission or the inclusion and that it was due to a mistake on the part of A.




  • B has omitted to draw the mistake to the notice of A.




  • The mistake must be one calculated to benefit B.



Joshua :

Where the landlord was represented by a solicitor this will be all but impossible to prove because a court will not be willing to accept that A mistakingly believed the document contained a provision it did not because he was professionally represented and therefore should have known all the provisions of the document

Joshua :

In practice unfortunately the landlord will find it all but impossible to apply for rectification if he was professionally represented I fear unless the tenant agreed to cooperate in which case it should be straightforward. However the landlord would have a reasonably straightforward claim against the solicitor for negligence if he failed to contract out the lease contrary to landlords instructions.

JACUSTOMER-dsl7lljo- : Thanks .but can you clarify who is party A landlord or tenant.
Joshua :

Certainly - in the above example, A would be the landlord and B the tenant.

Joshua :

Is there anything above I can clarify for you?

JACUSTOMER-dsl7lljo- : Thank you so much for such an efficient service.with advise being concise and easy to follow.
JACUSTOMER-dsl7lljo- : i will use your service again.
Joshua :

A pleasure. Best wishes

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Assuming that lease of 2002 was for a term of 20 years and B resists what would the statoury length of lease that b would entitled to to ? Also could A get VP on the grounds of redevelopment
Expert:  Joshua replied 2 years ago.
if the lease does benefit from protection from part two of the landlord and tenant act, then the landlord would have to rely upon statutory grounds for opposing renewal following the expiry of the term. One ground for opposing renewal of the lease would be on the grounds that he intends to redevelop the site for which you would need to demonstrate that plans are in place for redevelopment and that his plan to move beyond just the initial idea in order to succeed.
Customer: replied 2 years ago.
Thanks and statutory term would the B be entiitlec to if that failed? Many Thanks John Marshall
Expert:  Joshua replied 2 years ago.
If that failed, the tenant can apply to the court for a renewal of the lease on such terms and rent as the cout thinks fit based on evidence provided by the landlord/landlords surveyor and the tenant/tenants surveyor.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice