How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
28732269
Type Your Property Law Question Here...
Thomas is online now

I have a British rail lease for premises which have recently

Customer Question

I have a British rail lease for premises which have recently been sold to a private landlord. There is no reserved right for the lease to transfer to a new owner upon the sale of the property.
Does my lease cease at the time of the sale and the new landlord need to issue a new lease OR does he acquire all the rights under the original lease with BR
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
The lease will almost certainly remain binding on you and the new landlord.
It will contain something like the following, probably in the recitals or definitions:-
“A reference to the Landlord includes a reference to the person entitled to the immediate reversion to this lease”
This means that the Contract (ie. the lease) will remain binding on you despite the fact that the landlord may have changed identity. By virtue of this clause the lease automatically remains binding on you regardless of the change of freehold ownership.
No new lease needs to be prepared, but I would request in writing land registry official copies showing the new owners, details of where to pay the rent and request an address for service for the landlord in the event that you need to serve notice on the landlord under the terms of the lease in the future.
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.
Kind regards,
Tom
Customer: replied 2 years ago.

I do not believe such word exists in the lease, I assume British Rail thought they were forever and the lease was subject to short term termination notice and they did not need it !

Expert:  Thomas replied 2 years ago.
Hi,
Well, if you cannot find it yourself and propose to take action on the basis that it is not there then I would certainly have a free or fixed fee consultation with a solicitor to get them to check through the lease to ensure that this clause or similar is not there.
You don't want to miss it, take action assuming it is not there and then prejudice yourself/expose yourself to damages later.
Kind regards,
Tom
Customer: replied 2 years ago.

Thank yoy Tom, I will check on Monday

Expert:  Thomas replied 2 years ago.
Hi,
No problem. Good luck.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom

Related Property Law Questions