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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good morning, I am looking to purchase a commercial property

Resolved Question:

Good morning,
I am looking to purchase a commercial property with a domestic flat above.
The present owner has had a verbal agreement with the tenant from 1986.
The rent is approximately half the going rate.
Would you be able to give me an idea of the rights of the 'sitting tenants'.
would it be possible to increase the rent to fairer proportion of the present rentable value.
The tenant pays the rates on the shop and is responsible for interior maintenance of the interior of the shop and the shop front.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : I assume the private flat is completely separate from the commercial aspect?
Customer:

Yes

Alex Watts : What you have is a protected tenancy because they renewed t
Alex Watts : What you have is a protected tenancy because the tenants started pre 1988
Alex Watts : You are entitled to charge fair rent, which is not necessarily the same as market rent.
Alex Watts : Therefore you should get a local estate agent to give you an idea of fair rent.
Alex Watts : You can propose a rental increase and if this is disputed the tenant can get the Tribunal for rent to decide what is fair rent.
Alex Watts : But you can increase the rent but this type of tenant has the most protection of all.
Alex Watts : If they dispute and rent increase then it needs to go to a Tribuanl to decide.
Alex Watts : For more information on regulated tenancies please see
Alex Watts : http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/regulated_tenancies
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Many thanks you have confirmed my thoughts on this matter.

Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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