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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10412
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I AM RECEIVING AN UNREASONABLE LEASE AFTER 5 YEARS IN MY

Customer Question

I AM RECEIVING AN UNREASONABLE LEASE AFTER 5 YEARS IN MY OFFICE FROM MY LANDLORD, WHERE DO I STAND ON THE SECTIONS 24 TO 28 OF THE LANDLORD AND TENANT ACT 1954?

My old lease expired on the 01/01/15 and since then I have been waiting for a fair lease as the new one offered he was asking for me to sign over the rights on the SECTIONS 24 TO 28 OF THE LANDLORD AND TENANT ACT 1954, which I absolutely refused.

Can he evict me even though I have always met all the regulations and payments over the years?

Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Could you please confirm that your exisiting Lease, which has expired, was contracted out of s24-28 Landlord & Tenant Act? (ie there was a clause in the Lease to say s24-28 were not to be included, and if so, you would have signed a declaration before entering the Lease to confirm you were aware of these implications).

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

no it was not excluded in my previous lease

Expert:  Aston Lawyer replied 2 years ago.

Hi Michael,

Thanks for your reply.

Well, under law, you are entitled to a new Lease upon the same terms and duration as your existing Lease and the only real change would be that the rent would be the current market rent.

Firstly, you will need to serve Notice on your Landlord, requesting a new Lease.

If an agreement can not be reached between you and your Landlord as to the new Lease, you will need to make an application to Court.

I set out below a brief explanation as to what needs to be done. I would suggest you speak to a local Solicitor to progress matters further.

  • To initiate the renewal process, a tenant must serve a request for a new lease on its landlord. This request will set out the date for the commencement of the proposed new lease. This could be the day after the contractual expiry date of the existing lease, or it could be months or even years afterwards.
  • The tenant must give between 6 and 12 months' notice to the landlord before the new lease begins. For example, if a lease expires on 31 December and the tenant wishes to request a tenancy starting on the following day, the tenant must serve a request for a new tenancy at any time between 1 January and 30 June.
  • The request will state the tenant's proposed terms for the new lease, such as rent, term length, if the tenancy is to be of the whole of the existing premises and any other terms, such as the insertion of break clauses.
  • I hope this assists and set sout the legal background.

    If I have helped, I would be grateful if you could leave positive feedback.

    Kind Regards

    Al

    Customer: replied 2 years ago.

    Thank you for confirming what I read up on the SECTIONS 24 TO 28 OF THE LANDLORD AND TENANT ACT 1954,

    I have already received the new lease which my solicitor has excluded several pointers incl. the act 1954 in February this year, and the landlord accepted all the exclusions but only if I accept the low payment of the monies he owes our company.

    I have explained to him this is 2 different matters and that the lease has nothing to do with the repayment claim.

    Would you say that is the case?

    Expert:  Aston Lawyer replied 2 years ago.

    Hi Michael,

    You are indeed correct- the Landlord is not legally enetitled to give this ultimatum to you. As you say, they are 2 totally separate matters, and in law, you are entitled to the new Lease, upon the same terms as the old Lease, full stop.

    I hope this clarifies matters for you.

    Kind Regards

    Al

    Aston Lawyer, Solicitor
    Category: Property Law
    Satisfied Customers: 10412
    Experience: LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
    Aston Lawyer and other Property Law Specialists are ready to help you
    Customer: replied 2 years ago.

    Thank you for the confirmations that I read up on.

    Mike

    MPH Commercial Security

    Expert:  Aston Lawyer replied 2 years ago.

    Thanks Mike.

    Good luck!

    Al

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