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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a short period of time to seek advice regarding

Customer Question

Hi,
I have a short period of time to seek advice regarding a License to Occupy contract that i have received.
Background - I have been renting space on School grounds to run a Pre-school for the past 9 years. I started of with a tenancy agreement which changed when they insisted that i vacated the room in order for building works to take place. The school located me into a bigger space to take up some surplus floor footage needed to be used in order for their new build. When they located me, they claimed a grant from the government to refurbish the area and then put me on to a Transfer of Control Agreement (TOCA) via the local authority. The rent continued to stay low with annual increases proposed. The school then turned into an Academy and the Control was taken over by a Learning trust who quickly changed my terms to a License to Occupy but after some negotiations we managed to get the rent capped to the RPI. In December 2015 we were told to attend a meeting with urgency where they produced a 6 month License claiming that they wanted their space back to house an over spill of reception children coming in Sept 16. After taking this matter to the local authority and councilor etc we managed to get the decision reversed but now we have been given a license that has been modified with an inclusion of a 138.1% rent increase and a condition of being graded a Good or Above from Ofsted inspections whereas before it was Satisfactory or above... we have always been good or above but an inspector on a bad day could give less of a judgement. My business has been on hold for the last few months with news in the wider community that my business is closing down so I have little new custom coming through the door and i will lose all of our older children to big school over the coming months so my business is going to struggle finding such an increase in rent. I have waited two months for a contract to be written up from their solicitors and now have been given 10 days from receipt of the contract to decide whether to accept the terms in it.... I need to know whether the contract is safe to sign and if there is anything i can do regarding the increase of rent as each contract states that it takes account of RPI ?? Can somebody look at the contract and give advise... the Academy aren't happy that we are staying and we are feeling vulnerable.
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
I have included the contract file.Regards
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you.What is it you want to achieve please?Alex
Customer: replied 8 months ago.
Hi Alex,I need to know whether this contract is 'safe' to sign and whether there is anything i can do regarding the rent increase which is supposed to be capped to RPI. Do I have any grounds to claim compensation for damages to the business whilst it has been unable to move forward in it's normal way due to the Academy sending out a letter to ALL of the parents attending the main school and wishing to take back the space before versing the decision and then prolonging the production of a new license.??
Expert:  Ash replied 8 months ago.
Ita quite a long document and will take me some time. As such I can only do it as an additional service, if thats ok
Customer: replied 8 months ago.
Thank you for your reply. Unfortunately I will be unable to proceed. For the premium I have already paid is there any advice you can give?
Expert:  Ash replied 8 months ago.
as its only 10 pages I can reduce the cost having spoken with the site Administrator.Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Hi Alex, did you receive the revised payment?
Expert:  Ash replied 8 months ago.
Ok. so this is a licence and gives you no rights at all. Its £50 a day and they can end it with 28 days notice. It also says you must observe any no parking signs, meet once per term for a review, licence is until August 2017.The main thrust is that this is a licence, not a lease which means you dont have any right to renew or rights as a tenant. If, any the moment you have no signed agreement then you have a tenancy at will, which means you are in the same position - no rights.But the licence itself is fairly straight forward.Does that clarify?Alex

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