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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am part of a fishing club we hold a 25 year Assured tenancy

Resolved Question:

I am part of a fishing club we hold a 25 year Assured tenancy agreement to lease the water and surrounding land for our club, the lease was from 2002.
the land owner went bankrupt and the land passed back to the bank who now have property managers who are dealing with us, they are saying there was a verbal agreement to use the water for 12 months and there is talk that at the end of the 12 months they will lease to another party. They have never seen the lease we have they say it does not exist, that there was never any written agreement with them. Does the 25 year lease give us any legal rights to continue our lease or did this lease stop when the previous land owner went bankrupt. thank you I hope you can help because it is not a house we don't seem to be able to get legal advice from anywhere.
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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.


 

Alex Watts :

Do you have a copy of the lease please?

Customer:

yes but I am struggling to attach or copy and paste it to you

Alex Watts :

No that is ok.

Alex Watts :

If you have a signed copy then I can't see how they can say it is a licence.

Alex Watts :

In any event you can write and say that you decline possession and they need to seek a Court order.

Alex Watts :

Then at that stage a Judge would look at it and decide whether to grant possession.

Alex Watts :

On the basis you have a valid 25 year lease signed, I can't see how they could possibly take this.

Customer:

but it was signed with previous owner so is it still legally binding with new owners

Alex Watts :

Ah yes, I see what they are getting at.

Alex Watts :

In that case sadly no

Alex Watts :

Your contract is only binding with the owner that signed it

Alex Watts :

If there are new owners as you say, then sadly unless the lease itself says it is transferred then no

Alex Watts :

You need to check the wording

Customer:

even though it was for 25 yrs

Alex Watts :

But otherwise the lease ends when the person went bankrupt.

Alex Watts :

Sadly yes.

Customer:

ok thanks for your advice

Alex Watts :

You need to see whether it gives you right to termination upon sale.

Alex Watts :

If this answers your question might I invite you to rate my answer today

Alex Watts :

If the system wont allow you, please do say

Alex Watts :

If you need more help please click reply.

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