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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2447
Experience:  Over 5 years in practice.
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I currently own a lease on a commercial property which is

Customer Question

I currently own a lease on a commercial property which is shortly about to come to an end. I therefore, submitted a Section 26 notice to the landlord asking to renew my lease. The landlord then replied stating that they oppose the Section 26 notice due to 'persistent delay in paying rent'.
Three days after that notice was dated, the landlord sold his interest in the property. My question is, does the 'notice to oppose' alsop apply to the new landlord? And if so, what does the new landlord have to do to allow renewal. Must he withdraw his notice of opposition?
Submitted: 9 months ago.
Category: Property Law
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 9 months ago.
I dont want a phone call. Pressed that by accident
Expert:  propertylawyer replied 9 months ago.

Have you been persistently late in paying rent?

Please also confirm:

1. term end date

2. date you served notice

3. date specified in notice that your lease will end if no renewal lease granted

Customer: replied 9 months ago.
1. Term end date is 17 Nov 2016.2. Notice was served on 10 Aug 2016. Notice to oppose was received on 27 Sep 2016.3. date specified in notice is 1 March 2017.The property was transferred on 30 Sep 2017.
Customer: replied 9 months ago.
I have been persistantly delayed in paying rent.
Expert:  propertylawyer replied 9 months ago.

I have a feeling that the previous landlord's notice opposing renewal binds the new landlord. I need to double check.

Have you been late paying rent recently?

Customer: replied 9 months ago.
I am 3 months ahead currently. There is a lot of information about section 26 notices passing to the new landlord but it is unclear about the notice to object the section 26. The new landlord wishes to use the previous landlords notice to justify a fresh lease with a personal guarantee. I would like to avoid this where possible.
Expert:  propertylawyer replied 9 months ago.

Would the new landlord except a rent deposit?

A rent deposit is dead money and tied up with the landlord but it is preferable to a personal guarantee.

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