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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25440
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I would like to regain possession of my commercial property.

Customer Question

I would like to regain possession of my commercial property. The lease in place is protected (20 years) and is due to expire in 2 months. Can I still send a section 25 after expiry of the lease? What would happen if both myself and the tenant do nothing bearing in mind I do not want to create a periodic tenancy. Could I simply put a tenancy at will in place which would make it much easier to essentially give notice to quit  - thanks!

Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if the lease is contracted out of part II Landlord Tenant Act or not please? As you will know this is the part that gives the tenant a right to a new lease
Customer: replied 2 years ago.

I can see no mention of it being contracted out in the lease so on that basis, I assume it is protected by Landlord Tenant Act.

thanks

Expert:  Joshua replied 2 years ago.
Thank you. If it was contracted out there would need to be a provision in the lease to this effect and a statutory declaration would have been needed from the tenant when ttaking on the lease to confirm that he understood that he was taking on an unprotected lease. Are you satisfied based upon what you say that this is the case and would like me to proceed on this basis - the position as you will know is very different depending upon whether the leases contracted out or not.Finally, if the lease is not contracted out, do you believe the tenant will wish to seek a new lease and resist moving out?
Customer: replied 2 years ago.

Hello

Yes I am confident that this lease is protected under the Landlord Tenant Act.

I believe the tenant will want to seek a new lease although we have heard nothing at all from them bearing in mind that the lease expires 23rd June 2015. We would like the property back to develop as a residential property. I understand there are certain situations where you can regain the property (i.e if it is for yourself)

I wondered if it is better to simply let the lease expire and then have an implied tenancy at will. I am guessing that the tenants will still have a right to renew even if it rolls over?

Expert:  Joshua replied 2 years ago.
Thanks. If you are confident that the lease is a protected lease then the only way to bring it to an end is by serving a s25 notice opposing renewal giving the tenant a minimum of six months notice to vacate. It is important that your notice is compliant with the legislation, is in the precribed form and the correct notice is used. These can easily go wrong and you should use a solicitor to prepare and serve the notice for you to ensure it is correct. A solicitor will typically charge aroun £350-450 + VAT to do so but it can be worthwhile to ensure you do not have to start all over again and give a further six months notice. If you require any assistance with preparation of the correct form of notice, I can help you with this for a fee of £160. In the notice you must give grounds for opposition. These could be any of the following:Premises are in disrepairArrears of rentOther breaches of covenantSuitable alternative accommodationTenancy was created by a sub-lettingLandlord's intention to redevelopLandlord's intention to occupyIf the lease is not contracted out then the above notice can be served either during the fixed term or after the fixed term expires. In either case, if the tenant remains in occupation after the expiry of the fixed term then as you refer to yourself, a periodic lease is created with protection from part II. this is not so much of a problem if the lease is already a protected lease but if the lease were contracted out lease, allowing the situation to arise can be very prejudicial to a landlord because the periodic lease will benefit from protection under part two even if the original lease did not. Based on what you say that your lease already has part to protection, this is unlikely to be a significant issue for you. in either event, you will need to serve the above s25 notice with at least six months notice (and no more than 12 months notice) opposing renewal of the lease on one or more of the above grounds in order to terminate the tenancy. If the tenant opposes the notice, he can apply to the court for a new tenancy and challenge your grounds for opposition. Alternatively you can apply to court for an order terminating the tenancy without renewal. In either case the application can be made as soon as the notice is served if wished. If neither of you makes an application to the court before the vacation date given in the notice the tenancy will come to an end on the expiry date given in the valid notice. Statutory compensation for the loss of the lease if you oppose renewal the above basis is: For less than 14 years occupation: the rateable value of the property.For 14 years or more: the rateable value of the property x x 2.A surveyor can confirm the rateable value of the premises if you are not certain what this is. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
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Customer: replied 2 years ago.

Thank you for your help. Please could you let me have your contact details for when we decide to issue the notice. We would be interested in using your services

thanks

Expert:  Joshua replied 2 years ago.
A pleasure. Unfortunately the site will not allow me to give out contact information other than through its "additional services" which is what I would need to create in order to assist you with the above. That process allows you to settle the agreed fee and then exchange contact information so we can continue by email for exchange of documents etc.I would be delighted to assist if you need this. You can contact me either by returning to this thread through your account home page or a link in your email or through the following link which you can bookmark:http://www.justanswer.co.uk/law/expert-joshua/

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