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wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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i am a business of 25 years in the property i occupy.... i

Customer Question

i am a business of 25 years in the property i occupy.... i live in the flat above the shop.my lease expires in 2014 march..... my landlord has said she will not be renewing my lease........i have had nothing in writing, my landlady has said she now wants to live in the flat that i occupy..........help ....advice needed x
Submitted: 3 years ago.
Category: Property Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome to Just Answer.

Has the landlady served you with a notice under the Landlord and Tenant Act 1954?

Kind regards

AJ
Customer: replied 3 years ago.

Hi AJ ,thanks for your reply...in answer to your question,I received a letter dated 8 february from my landlords solicitor stating they had served a notice to myself on the 23 January , we have not received this notice.


It states possession proceedings for recovery of the premises will proceed without further correspondence to me.


Along with this letter was a copy of a Rent Demand Notice....


COMMONHOLD AND LEASEHOLD REFORM ACT 2002 SECTION 66


commonhold and long leaseholders of rent due


Dated 23rd January 2013


this we have not received previous....also in the same post another letter of the same 8 feb.. in this letter it states that they have been instructed to commence court proceedings for the possession of the premises.....However their client would be prepared to consider an agreed date for me to vacate the premises with an agreement to address the rent arrears on a stage payment basis.


My landlord runs a bed and breakfast business from the next building to me ...usually the landlord would pop in to collect the rent weekly with his card transaction machine and we pay with the business credit card...


it was one of the longest christmas holidays we have had because of how the weekends fell ...its not unusual for him not to turn up we assumed he was off skiing or something....then he never came back at all ... i have until tuesday to address this could you get back to me if you require more info ...thanks Catherine x

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Does she want you out the whole building or just the flat?

Kind regards

AJ
Customer: replied 3 years ago.

They used to be seperate ..but when i said i was looking to buy a house she then changed the lease so they came together,,,if i didnt renew the lease on both i would not be allowed another lease .


Years have passed now and my business is well known in the north east we are very well established and moving would be catastrophic....


when she wouldnt let me occupy the shop without the flat i asked if i could buy the property.... we had it valued and the valuer told her i should have a reduction of 20.000 off the asking price for all the improvements that ive made...of course she refused ...


She has been in spain living and returned last year and wants now to live in the flat...


 


Could you tell me??......if my lease was due for renewal given the length of time ive occupied the premises how much notice could i expect ?? ..................Catherine x

Expert:  wingrovebuyer replied 3 years ago.
Hello. AJ has opted out. I'm at a loss regarding the price you've received. Are you behind in rent, or is it simply that the landlady wants to move in? Does she want the shop back too?
Customer: replied 3 years ago.

she wanted only the flat initially...but i rang her solicitor and he told me the lease states they come as a unit....she did this so i couldnt have one without the other....i owe rent from december ... purely because they didnt come for it ...they are based in the next building....i thought they off skiing or something ....her solicitor said he served a notice in january but we did not receive it . Idont know if i should accept her offer or just pay the rent ???? if you could read what i sent aj i would appreciate it...and if you can instruct me to where to leave a positive rating i will ...its not very clear ................................ catherine

Expert:  wingrovebuyer replied 3 years ago.
Thanks. The notice you have set out above doesn't make any sense - you are not a common holder or long leaseholder. The solicitors appear to have served completely the wrong notice. First, make every effort to pay the rent. They may not let you try, but keep trying,as acceptance will waive the right to forfeit. Secondly, if you run a business from the premises, which has not been formally contracted out (you would know if it had, and the lease would be in writing) then you have security of tenure under the Landlord and Tenant Act 1954. This means the landlord can't just kick you out. Were I you, I'd contact the solicitors to tell them you claim security of tenure under the 1954 Act, and you will take legal action against the landlord if she attempts to evict you unlawfully..
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience: Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
wingrovebuyer and 2 other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

what is the definition of a long leaseholder??.... ive had a lease with my landlord which is renewed every five years...it runs out in 2014 march........ i feel she has deliberately not collected the rent to put me in arrears .. catherine

Expert:  wingrovebuyer replied 3 years ago.
A long leasehold is normally one 75 years to 999 years long. Good luck with this!

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