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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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We are currently leasing a shop. We decided not to use

Resolved Question:

Hi, We are currently leasing a shop. We decided not to use solicitors, and I the tennant got a contract drawn up from the internet. Big Mistake. We agreed on the contract verbally, and we moved into the shop. However the contract didn't get signed due to the witnesses availability.
In the contract we had right to extend the lease after 10 years, provided we gave 180 days notice, with the same terms as the current lease. How ever the lease also excluded us from the the provisions of 1954 landlord and tenant act. Which kind of contradicts itself.
We have been paying the landlord with in terms of the contract, and they have been accepting payment. Would this contract stand up in a court of law?
I'm asking because now the Landlord is trying to get us to sign a new lease agreement, 1 year later. That excludes us from the 1954 act and has no clause stating the right of renewal once the lease ends.
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you with this.Did anyone at all witness the terms or was it just you and the Landlord?Alex
Customer: replied 9 months ago.
My Business Partner & my mother both read through the terms.
Expert:  Ash replied 9 months ago.
Ok. Sadly if nothing was signed then any agreement is 'subject to contract' that means either party can pull out at any time. What you have at present is a tenancy at will. This gives you no protection except for notice.Therefore if the Landlord wants to give you notice to leave, he can.Unless you have a signed contract then you have no rights to remain.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 9 months ago.
Would a verbal contract not be a possibility? He did agree to our.terms.
Expert:  Ash replied 9 months ago.
Possible but remote. This is because contracts such as these are normally in writing. I am sorry. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 9 months ago.
Thanks for your help

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