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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a commercial lease of 15 years which has just expired

Resolved Question:

I have a commercial lease of 15 years which has just expired on a small retail unit that falls within the Landlord and Tenant Act 1954.

Today we have received from my landlords via his solicitor a new lease which is asking us to sign.

He wants us to sign for 8 years, for a lease which excludes sections 24 to 28 of the Landlord and Tenant Act 1954. The tenancy is also being granted subject to us paying the landlords fees as well as ours.

The lease has all the appropriate 1954 exclusions as far as we can see and includes statutory declaration for us to sign in regards XXXXX XXXXX exclusion. Apart from that it looks like a standard up to date lease.

Is this something that he can do?

a) make us pay his costs
b) make us sign a new lease outside the 1954 Act

Is there anything we can do and what rights do we have?

If we decide not to sign the lease what would happen then, would he be able to give notice to vacate, if so, how long would that notice generally be?
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 : Did your previous lease have a right to renew please?
Customer:

Hi Alex

Customer:

I have looked through the lease very carefully, and can not find a section that specifically says we have the right to renew. We thought that as the old lease was not excluded from the Landlord and Tenant Act of 1954 then we would have this right.

Alex Watts :

Section 25 allows you to renew.

Alex Watts :

The Landlord needs a good reason, ie redevelopment to renew without the Landlord and Tenant protection

Alex Watts :

Therefore you can apply to the Court and seek a Court order to renew on the same terms

Alex Watts :

You need to complete form N208

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Alex Watts :

You are asking the Court for an order that you renew on the same terms

Alex Watts :

If D objects then it will be listed for a hearing

Alex Watts :

But given that you have protection under the act and a right to renew I can't see how they can object

Alex Watts :

But complete the Part 8 claim form and submit it to Court

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

There is nothing in the lease that specifies a period, but if we chose not to proceed with the new lease, what notice period does the landlord normally have to give to vacate. Is this covered in the 1954 Act. Also in your opinion is it usual for the landlord to insist on the tenant to pay his fees.

Alex Watts : Yes in any event the landlord must give you notice. You are covered by the act please see
Alex Watts : http://www.michaellever.co.uk/pdf/Lease%20Renewal%20-%20Slide%20-%20July%202008.pdf
Alex Watts : If is a new lease then it is as matter of negotiation between the parties about who pays what fees.
Alex Watts : Can I clarify anything else?
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’.


 


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Customer:

Hi Sorry for the delay, I have been away. Thank you for your help, very useful.

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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