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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7626
Experience:  UK solicitor holding an England and Wales practising Certificate.
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We are coming to the end of a 3 year lease on a commercial

Resolved Question:

We are coming to the end of a 3 year lease on a commercial building, the local council who we lease from has sent a letter stating they will not renew our lease and we must move out.
Can we fight this and stay where we are.
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,

Is the lease contracted out of the security of tenure provisions of the Landlord and Tenant Act 1954?

Kind regards,


Tom
Customer: replied 3 years ago.

We have been given notice under section 25 of the landlord and tenant act 1954.


The grounds as follows:- "that the tenant ought not to be granted a new tenancy in view of his persistent delay in paying rent which has become due"


 


We did have some delays over the last year making payments on time but have always communicated this with our local council/landlord and now have our rent fully paid and up to date.

Expert:  Thomas replied 3 years ago.
Thanks. Drafting your answer now. 5mins please.


Tom
Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

The notice that you have received is because your lease is one which falls WITHIN the security of tenure provisions to the landlord and tenant act.

This means that if your lease comes to an end then you have an automatic right to apply to court for a renewal of the lease UNLESS the landlord wishes to terminate the lease under one of the limited grounds available to them.

The notice means that they would oppose the renewal of lease because (they allege) you have persistently been late in paying your rent.

I know it’s probably not what you want to hear, but you really need to consult face-to-face with the solicitor about what to do from here.

If you oppose the notice and wish for a new lease to be granted then you will have to serve a notice to the landlord stating so within 2 months of the notice that you have received. You will then have to apply to court for a grant of a new lease. The landlord is likely to oppose this and so you will have to litigate on the point and see how you get on.

The reason that you should instruct a solicitor face-to-face is because this is quite a technically area and you could prejudice your right to a new lease if you act on your own.

If the court accepts that you did not pay your rent (persistently) late then you will be granted a new lease. If the court finds that you paid late on one/two occasions then you will also probably get a new lease. If the court finds that you have persistently paid your rent late then your chances of getting a new lease drop dramatically.

The solicitor will also be able to examine the notice you have received from the landlord to check it’s validity to see if you have any option to dispute on this basis.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kindly rate my answer if you are satisfied with the information I have provided.

Kind regards,


Tom
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