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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 233
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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My lanlord has just given me a months notce he says ive not

Customer Question

hi my lanlord has just given me a months notce he says ive not paid the rent for 2 months ive been on the premises for 10 years and have never been offered a lease ive never been late with the rent inever gey a reciept when i pay my cheque , his son has decided he wants to do the same buisness as mine on the same site / i have 4 staff ive invested a lot of time and money into the buisness and i feel he wants his son to take over my buisness what can i do .
Submitted: 2 months ago.
Category: Law
Expert:  propertylawyer replied 2 months ago.

Have you paid the rent?

Expert:  propertylawyer replied 2 months ago.

If you can demonstrate you have paid rent then that cannot be used against you.

From your perspective the lack of lease, whilst undesirable, has worked in your favour:

1. You have a protected periodic tenancy. Protected means within the landlord and tenant act 1954.

2. This means you have security of tenure and can only be terminated by a landlord if it can establish any of the statutory grounds for possession (1. Non payment of Rent, 2. Premises in disrepair, 3. Breach of covenant /obligation 4. Landlord wants to reoccupy, 5. Landlord wants to redevelop).

3. Grounds 4 and 5 are difficult to establish. Landlord must demonstrate a real intention backed up by evidence of actual steps taken. It is not enough to say the landlord wants to reoccupy.

4. The basis of the 54 act is to protect business tenants, such as you. The absence of a lease is irrelevant. You have paid rent for occupation of the premises and that results in a 'verbal' lease protected by the 54 act, meaning you have security of tenure.

5. A lease can be excluded from the 54 act by service of notice by landlord on tenant before commencement of the lease and the tenant swearing a declaration before the commencement of the lease {I assume this was not done, do let me know if otherwise }.

6. The landlord's notice is invalid on basis you have a protected tenancy. The landlord would have to serve a s.25 notice giving at least 6 months notice and specifying the statutory ground for requiring possession.

7. You could serve a s.26 request fir a new lease. You set out your property terms in the notice. The landlord has 2 months to respond by counter notice. If it fails to respond you are entitled to a new lease on the terms in your s.26 request. You need to specify a deadline date, at least 6 months from date of notice to a maximum of 12 months from date of notice.

8. Service of a s.26 has implications {1} the date you specify terminating the lease will apply if you fail to agree and complete a new lease by that date. You must complete a new lease by that date.

9. If a new lease has not been completed one month before the deadline date you need to agree in writing to an extention of time. If No response from landlord you need to make a court application for the court to order completion of the lease.

10. Tactically, you could serve a s.26 request notice specifying a deadline date 12 months from now. This will preserve your current lease and allow tome to agree a new lease unless the landlord can establish a possession ground.

11. There is compensation available if you lose and the landlord gets possession.

12. The above is simplified. The process does require a decent solicitor with experience of this type of work. Firstly, to ensure that you ate well advised and secondly to avoid any of the potential procedural irregularities which could result in invalidating your security and continued tenure.

Any questions or queries? I am happy to assist further.

Please can I kindly request that you accept /positive rate my reply otherwise the website will not pay me for assisting you. Many thanks.

Expert:  propertylawyer replied 2 months ago.

Hi

Just following up to see if you have any further questions or queries. Please can I kindly remind you that the website will not pay me for my time in responding to your question unless you accept or positive rate my reply. I have informed you of your position which is considerably stronger than what your landlord would have you believe.

Do let me know if you need any further assistance, I am happy to help.

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