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propertylawyer
propertylawyer, Solicitor
Category: Property Law
Satisfied Customers: 232
Experience:  Property solicitor with expertise in commercial and residential property transactions.
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I lease of an office of 7000 sq ft., assigned to me from a

Customer Question

I lease of an office of 7000 sq ft., assigned to me from a previous tenant. In addition I purchased an adjcent office of 1000 sq ft from the previous tenant. The lease is due to expire, it stipulates that at the end of the lease , 31st March 2017, the lessee must either reconfigure the leased office to provide 8000 sq ft or gift for 'nil consideration' the adjacent office to the landlord. It would be very expensive to reconfigure the leased office (it would require converting the attic). I undertstand a lessee of a commericial lease has a Statutory right to renew? If I refuse to hand back 8000 sq ft would the Landlord be justified in not renewing the lease given, I understand lessees of commercial leases have a Statutory right to renew. I appreciate the landlord might sue and I might have to pay damages but it's difficult to see how the landlord could demonsrtrate a loss if the leased office was returned as it was on inception of the lease.
Submitted: 1 month ago.
Category: Property Law
Expert:  propertylawyer replied 1 month ago.

Only certain tenants/business leases are protected with renewal rights.

I would need to see the lease to confirm if you have security of tenure and the position regarding reinstatement.

Expert:  propertylawyer replied 1 month ago.

Can you upload a pdf via the paperclip clip icon.

Customer: replied 1 month ago.
Hi,
Unfortunately I am overseas at present and do not have the lease with me. My guess is that the previous lessee waived the right of renewal by agreeing to pass back 8000 sq ft. However, If I do not do so the landlord might sue for damages. Seems to me if the leased office was passed back as it was on inception it would be difficult for him to demonstrate a loss, notwithstanding the lease states said that 8000 sq ft has to be handed back - do you agree?
Expert:  propertylawyer replied 1 month ago.

If the lease states reinstatement then this is an obligation which you need to comply with. If you default then the landlord can reinstate and recover the cost of doing so from you. Potentially, depending on the wording in the lease.

Expert:  propertylawyer replied 1 month ago.

Do you have any further questions or queries?

I am happy to assist further.

Please can I kindly request that you accept /positive rate my response otherwise the website will not pay me for assisting you. many thanks.

Customer: replied 1 month ago.
The lease does not state 'reinstatement', to me this means passing back the office in the same condition and layout as it was when the lease was incepted. The lease states that an ADDITIONAL 1000 sq foot has to be handed back either by converting the leased office or by passing over another 1000 sq foot free of charge. You say that if I refused to do so the landlord could convert the leased office, at considerable expense, and pass the cost to me. Seems inequitable to me.
Expert:  propertylawyer replied 1 month ago.

This is why I need to read the lease. I need to see the words in various clauses to advise.

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