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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I am tenant in common on property flat which is let and on

Resolved Question:

I am tenant in common on property flat which is let and on the ground floor a cafe and deli let on lease. My question is do I have to be in agreement to renew the new 8 year lease with my husband who had initially negotiated this new lease and agreed to her demands which I am vehemently opposed too. Can he just do this on his own bat?
Submitted: 11 months ago.
Category: Property Law
Expert:  Thomas replied 11 months ago.

Hi,

Do you mean that you are the registered owner (together with your husband) of the freehold building and the cafe has a lease granted our of the freehold building?

Tom

Customer: replied 11 months ago.
Expert:  Thomas replied 11 months ago.

Thanks. Drafting your answer now...

Expert:  Thomas replied 11 months ago.

Hi

Thanks for your question. I will try to help.

If a new lease is proposed to be executed by way of renewal then all the freehold owners of the property must sign the lease in order for it to be valid.

Land Registry would not register the lease unless all freehold owners were to execute the lease.

So, if you were not willing to sign the lease then no valid lease can be executed. Your husband cannot unilaterally execute a lease which would be fully binding.

If he were to execute a lease listing only him as the only landlord then it would not be binding/registrable against the freehold, and he may find himself with a breach of contract claim being made against him by the tenant.

So, no, he cannot do this on his own. He needs you to agree to the lease and to sign it with him, otherwise it would not be legally binding.

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Kind regards,

Tom

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