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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
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Experience:  Solicitor
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I have a commercial office which is being rented out. I have

Resolved Question:

I have a commercial office which is being rented out. I have done a 6 month license for the tenant. The tenant is also in the process of buying the property.
The completion (if it does complete) will go past the end of the 6 month license.
The tenant also owes rent - they are notoriously bad payers.
They are looking for an extension to the license because of the timing. What is the best short term tenancy agreement option to achieve this?
I am trying to avoid them dragging out the buying process and not paying their rent in the mean time.
Thank you.
Submitted: 9 months ago.
Category: Property Law
Expert:  Jamie-Law replied 9 months ago.

Hello my name is ***** ***** I will help you with this.

What is it you want to achieve as a result everything please?

Customer: replied 9 months ago.
Hello, I want to encourage him to complete the sale, and pay his rent in the mean time.
I do not want to give him an extension which enables him to continue, not pay his rent and have the right to stay there if he does this.
Expert:  Jamie-Law replied 9 months ago.

Have contracts been exchanged?

Customer: replied 9 months ago.
Hi, no, we are a fair way from that. Searches are currently being done. He has caused a few delays which have put the timing back.
Expert:  Jamie-Law replied 9 months ago.

Ok - then you are entitled to possession. You can say you are terminating the lease if you want.

But you cant force them to sign and exchange, either party can pull out at any time before exchange.

But if you end the licence then they can be turfed out.
Can I clarify anything for you about this today please?

Customer: replied 9 months ago.
Can I legally give him an extension that lasts say a month or 2 months?I am under the understanding that if a licence is exceeded by 6 months it becomes a longer term tenancy agreement. We are at the 6 month mark.
Expert:  Jamie-Law replied 9 months ago.

Well it can be a tenancy at will, which means it continues.

It can be longer than 6 months, just make sure it is a licence.

Does that clarify?

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 9 months ago.
That's perfect, thanks very much for your help.

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