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Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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If commercial lease dated 2002 should have registered at the

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If commercial lease dated 2002 should have registered at the land registry as being out side the landlord and tenant 1954 but according to what is held at the land registry it seems that there is no mention of lese being outside the or a copy ofa court confirming this , as would have been required in 2002 . Can the freeholder or lessor apply to the land registry for rectification if a court exists but has not been mentioned in the lease or regististed at the land registry?
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify whether the tenant is willing to accept a contracted out lease please or whether the tenant would resist such an attempt by the landlord?

JACUSTOMER-dsl7lljo- : Assume the tenant would resist.
Joshua :

Thank you. Was the landlord represented by a solicitor?

JACUSTOMER-dsl7lljo- : Yes
Joshua :

Thank you.

Joshua :

What is proposed is rectification based on unilateral mistake - i.e. the tenant is unlikely to agree that a mistake was made. In order to seek rectification, the landlord needs to prove the following:

  • One party, A, erroneously believed that the document sought to be rectified contained a particular term or provision, or possibly did not contain a particular term or provision which, mistakenly, it did contain.

  • The other party, B, was aware of the omission or the inclusion and that it was due to a mistake on the part of A.

  • B has omitted to draw the mistake to the notice of A.

  • The mistake must be one calculated to benefit B.

Joshua :

Where the landlord was represented by a solicitor this will be all but impossible to prove because a court will not be willing to accept that A mistakingly believed the document contained a provision it did not because he was professionally represented and therefore should have known all the provisions of the document

Joshua :

In practice unfortunately the landlord will find it all but impossible to apply for rectification if he was professionally represented I fear unless the tenant agreed to cooperate in which case it should be straightforward. However the landlord would have a reasonably straightforward claim against the solicitor for negligence if he failed to contract out the lease contrary to landlords instructions.

JACUSTOMER-dsl7lljo- : Thanks .but can you clarify who is party A landlord or tenant.
Joshua :

Certainly - in the above example, A would be the landlord and B the tenant.

Joshua :

Is there anything above I can clarify for you?

JACUSTOMER-dsl7lljo- : Thank you so much for such an efficient service.with advise being concise and easy to follow.
JACUSTOMER-dsl7lljo- : i will use your service again.
Joshua :

A pleasure. Best wishes

Joshua and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Assuming that lease of 2002 was for a term of 20 years and B resists what would the statoury length of lease that b would entitled to to ? Also could A get VP on the grounds of redevelopment
if the lease does benefit from protection from part two of the landlord and tenant act, then the landlord would have to rely upon statutory grounds for opposing renewal following the expiry of the term. One ground for opposing renewal of the lease would be on the grounds that he intends to redevelop the site for which you would need to demonstrate that plans are in place for redevelopment and that his plan to move beyond just the initial idea in order to succeed.
Customer: replied 3 years ago.
Thanks and statutory term would the B be entiitlec to if that failed? Many Thanks John Marshall
If that failed, the tenant can apply to the court for a renewal of the lease on such terms and rent as the cout thinks fit based on evidence provided by the landlord/landlords surveyor and the tenant/tenants surveyor.