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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 4373
Experience:  Solicitor
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We have a 'rolling' commercial lease with our landlord which

Customer Question

Hi,
We have a 'rolling' commercial lease with our landlord which has been in place for 3 years. The landlord has issued a new lease which he wants us to sign up to. This new lease has a myriad of extra clauses (including a rent increase) which were not in the original lease. Can he force the new lease upon us?
Thanks
Caroline
Submitted: 10 months ago.
Category: Property Law
Expert:  Jamie-Law replied 10 months ago.

Hello Caroline my name is ***** ***** I will help you.

When you say rolling lease, had your old one expired?

Customer: replied 10 months ago.
Hi Jamie,the original lease was due to expire on 1st Sept 2015 - and was VERY basic. "Rent £145", "rent paid weekly", "Right to renew included" "No service Charge" "Buildings insurance and repairs by landlord".That's it.He now wants to add vat to the rent, and a whole host of extra clauses which seem unfair e.g. right of access at all times by landlord etc etc. That in itself will invalidate our insurance. We're happy for him to come in but he should inform usThanks
Caroline
Expert:  Jamie-Law replied 10 months ago.

Just to be clear, was it drawn up by a Solicitor etc?

Customer: replied 10 months ago.
No.
Expert:  Jamie-Law replied 10 months ago.

Thanks. You are entitled to renew on the same terms. They can not add or change terms because you have an existing right.

If they try to them you can apply to Court for a new lease on the same terms.

You would apply using form N208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

Can I clarify anything for you about this toady please?

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