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Hello my name is ***** ***** I will help you with this.
What was the agreement you signed, if any in 2011 pleas?
* please? *
The agreement was between my company and the Landlords company.With an increase of rent of £24.180.00 and it says that the both parties have agreed to extend the lease ending 1/6/11 until December 2014.
Ok - but nothing in terms of automatic renewal?
no. Also it did not state a review of rent in 2014.
Its bad news I am afraid. If the lease ended what you have is a tenancy at will.
This means it can be terminated at any time up to December 2014 because you do not have a formal lease.
if you had a formal lease it would set out a right to renew and rent increases. But sadly you do not have this.
This means the Landlord can increase the rent or make you sign a new one with personal guarantees
Because you do not have an existing lease (it ran out) your rights are very limited indeed.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
but i was not offered a new lease in 2011 but only agreeded an agreement for three years.How does the landlord and tenants act 1954 work then.
You would have a new signed lease from 2011 to 2014.
If you wanted a new lease with the same provisions one should have been provided.
I asked if it had an automatic right to renew and you said no - this indicates you are not given protection by the 1954 Act.
Landlords can exclude the 1954 protection provisions
can you explain what is an automatic right to renew?
That is at the end of the lease the tenant gives notice to renew on the same terms.
The only thing that is argued about then is rent
sorry we did have a right to renew but we were not offered a new lease but only an agreement between my company and the landlords.
Did you sign a new lease in 2011?
Then that is a problem. Therefore it ends and you have a tenancy at will, which means you have no protection whatsoever
I am sorry
so does that mean?
sorry so what does that mean?
That means you have a tenancy at the property but it can be ended and you have no right to renew or any other protection
Your old tenancy with protection ended.
You have another once 2011 - 2014 with no protection
I thought that because the lease had ended and i was not offered a new lease but an agreement that it becomes a periodic tenancy which is protected by the landlord and tenants act 1954.
Sadly not. You are thinking of a private dwelling.
This tenancy has ended.
You then become a tenancy at will
That is as a commercial tenant it is different to private.
we are commercial tennants
Yes I know that. I am saying the law is different for commercial tenants
A fixed term lease comes to an end. There is no security of tenure under the Landlord and Tenant Act 1954 (in the case of commercial premises).
so what you are saying is that i have to sign a new lease and also give personal guarentees
If you had renewed in 2011 it would have been on the same terms, but sadly you did not
When the lease ended in 2011 so did your rights
so can you just explain what this 1954 act is.
That is mainly for tenants that have a current fixed tenancy
many thanks for your help
I am sorry its not better news and it certainly is not the answer I want to give you, but I have a duty to be honest
Can I clarify anything else for you?
sorry just one more question if the lease had not run out.Can i say that i wanted to renew the my lease with the same conditions as the old lease.
or can the landlord make me sign a completely new lease
if i need anymore help how long do i have for you to answer my questions?