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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a lease to sign, i have no solicitor , as my solicitor

Customer Question

i have a lease to sign, i have no solicitor , as my solicitor is away, i am ok with all the term, but cant get the point of just 2 pages of this lease draft. can any one help and explain the point to me. i pay for the time that they spend on reading it and explain it to me . i just need confirmation about my understanding
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
i have one page of the lease of a commercial property. i need to know what is that page means. i do understand it but i want to make sure i am right. this is the only part for me to be sure about it, so i can sign this lease.
Customer: replied 1 year ago.
I will send you the 2 pages , for you to have a look.
Customer: replied 1 year ago.
are you there? did you get my previous message?
Expert:  Ash replied 1 year ago.
Thanks. I have sent an additional offer to look at the documents and can explain what its for if you accept that.
Alex
Customer: replied 1 year ago.
is this just to look at the 2 pages i sent -? reading it and reply or just read it and send me another offer for answer it?
Expert:  Ash replied 1 year ago.
To read it, explain it and offer any follow up you want.
Alex
Customer: replied 1 year ago.
I don't mind paying .
As i said I just need to know if this part of lease is good for me or would harden my situation in future. i sent one and half page.another 1 quarter left to be sent. if i agree.
i am wondering what £38 i paid went towards for?
Expert:  Ash replied 1 year ago.
Indeed. The £38 is a basic deposit for usual questions. This is extra work which you want.
Alex
Customer: replied 1 year ago.
ok, can i ask you questions after your reply towards this work.?
how shall i pay?
Expert:  Ash replied 1 year ago.
Yes that is fine. You just need to accept the additional offer.
Alex
Customer: replied 1 year ago.
if i want you to take the whole case and negotiate with their solicitor? how much it costs?
Expert:  Ash replied 1 year ago.
Sadly I can't do that. I can look at this for you and tell you what I think - but that is as far as I can go with it.
Alex
Customer: replied 1 year ago.
ok thanks
Expert:  Ash replied 1 year ago.
No problem, so if you want me to consider the lease, let me know.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I am going to send the whole file , with this message then accept the offer.
you just give me advice and what do you think about the schedule 2 .
i like to remove the landlord's rights to offer at any time before rent review. they say , even if they issue a notice , there wont be any difference of increasing the rent.
Customer: replied 1 year ago.
i have paid Alex.
would you let me know when i can expect to get your opinion. ?
Customer: replied 1 year ago.
Shall i stay on line or shall i go and log in tomorrow or wait for your email.
Expert:  Ash replied 1 year ago.
I will do this tonight for you.
Alex
Customer: replied 1 year ago.
thank you,
can i log back in tomorrow.
Expert:  Ash replied 1 year ago.
5. Where a Landlord’s Rent Notice is served under paragraph 3(b) of this Schedule the revision of rent shall be based on the level of the Rental Value of the Demised Premises on the Review Date beginning with the Rental Period to which the Landlord’s Rent Notice relates and not at the date of the Landlord’s Rent Notice and for the purpose of paragraph 13 of this Schedule any increase in rent resulting from such revision together with interest payable thereon shall have effect from the date of the Landlord’s Rent Notice and not from the relevant Review Date.
This means that the new rent is due not when the Rent Notice is sent but on the rental period.
7. If the Lessee fails to serve a Tenant’s Counter Notice within the period specified in paragraph 6 hereof the Yearly Rent shall during the Rental Period to which the Landlord’s Rent Notice relates be an annual sum equal to the Rental Value specified in the Landlord’s Rent Notice.
You need to serve a counter schedule if you dispute it, otherwise you new rent will take effect.
8. If within the period of two months after the service of the Tenant’s Counter Notice the Lessor and the Lessee agree the Rental Value the Yearly Rent payable from the Review Date shall be the Rental Value so agreed.
This means if you agree then the new rent is effective from the yearly date if its within and you have 2 months to agree it.
9. If two months after the service of the Tenant’s Counter Notice the Lessor and the Lessee have not agreed the Rental Value either party has the right to have the Rental Value determined by the Surveyor acting as an expert.
This means if you disagree then after 2 months it goes to a surveyor.
11. If the Rental Value determined by the Surveyor exceeds the Yearly Rent payable immediately before the Review Date the Yearly Rent payable during the Rental Period commencing on the Review Date shall be the Rental Value so determined by the Surveyor.
If the value is above the yearly rent then the next annual payment is due on the and the surveyor says its more, you owe the difference.
13. If before the relevant Review Date the Rental Value shall not have been determined in accordance with this Schedule the Yearly Rent payable immediately before the relevant Review Date shall continue to be payable until the usual quarter day next after such determination when any increased Yearly Rent shall start to be payable and the Lessee shall pay to the Lessor the difference between the Yearly Rent paid and the Yearly Rent determined for the period of the said term commencing on such Review Date and ending on that quarter day together with interest at the rate of the base lending rate charged by [bank] from time to time upon each instalment thereof until payment is made.
If the review says the rent is higher after the renewal date then you owe the difference from the renew date.
Does that help?
Alex
Customer: replied 1 year ago.
i need a basic language explanation, you used the same or similar language to tell me.
i need to know which of these are not fair, so, i can object it strongly. so in simpler way please, just write the numbers and tell me to object or not. if object, shall i ask to remove it or to change it?
Expert:  Ash replied 1 year ago.
I think the terms which are unfair is 13. The others are ok.
This is because you should not have to pay interest or backdate higher rent.
Does that help?
ALex
Customer: replied 1 year ago.
if the landlord issue me a notice e.g 2 years before the rent review, do i need to pay the increase after the first review date.?
if not, what is the point of issuing any notice by landlord if it does not effect from the same day, he could increase on the review date? i dont understand this rights
1- in which case do i need to back date or pay interest? say it simple?
Expert:  Ash replied 1 year ago.
No. Because the landlord can only review the rent in terms with the lease.
It means that if there is a rent review but that is determined after when the annual rent is due, you have to pay the difference between the old rent and new rent backdated to when the annual rent became due.
Alex
Customer: replied 1 year ago.
when u say rent review , do u mean: if there is a land lord notice, from that date , they can back date,? sorry i am a bit lost
***********
Expert:  Ash replied 1 year ago.
You have an annual rent date.
If you dispute the new rent from the annual date when renew is due, if that rent is determined after this annual date you owe the difference from the renew date onwards.
Alex
Customer: replied 1 year ago.
the rent review is every 3 years.
Expert:  Ash replied 1 year ago.
Yes. So they can only review every 3 years.
Alex
Customer: replied 1 year ago.
so , if i agreed with the higher rent according to the land lord request,/surveyors after review date, there wont be any extra charge or backdate?
if i don't agree with the increased amount , then they will ask for back date and interest. have i got it right?
Expert:  Ash replied 1 year ago.
Only to when that new rent should have applied from. Not further back than that
Alex
Customer: replied 1 year ago.
so , i am going to ask them to remove No. 13(back date and interest).
thank you Alex for your patience. By now you must have started pulling your hairs.
it was not intentional. i just needed to be sure of what i am doing.
thank you very much-
Expert:  Ash replied 1 year ago.
Sure!
Happy to help.
Alex
Customer: replied 1 year ago.
Have a good night and thanks again.
Expert:  Ash replied 1 year ago.
No problem, happy to help.
Alex