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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We started a 5 year lease on 31st December 2008 and were issued

Customer Question

We started a 5 year lease on 31st December 2008 and were issued a lease agreement.
In January 2013 we renegotiated the existing lease and the following emails were sent and received:
-----Original Message-----
From: Robert Oakley [mailto***@******.***]
Sent: 21 January 2013 16:30
To: ***** *****
Cc: 'Lisa Luck'
Subject: RE: Little Kinvaston
Sorry, I just popped up to clarify this but you have [quite sensibly] gone.
In short, I am looking for the buildings insurance recharge separately and in addition to your SC contribution.
FAOD, your lease charges this year would be as follows:
Rent: £8,000 + VAT;
SC: £4,000 + VAT; plus
Bldgs ins: £305 + VAT*
TOTAL: £12,305 + VAT.
*the £305 figure includes IPT. VAT is chargeable in chargeable because this is a recharge by the Landlord.
I trust this is now clear (at least) and acceptable to you.
Perhaps we can speak tomorrow to confirm please?
From: Bernard King [mailto***@******.***]
Sent: 17 January 2013 18:22
To: ***** *****
Cc: 'Lisa Luck'
Subject: RE: Little Kinvaston
Hi Rob,
Thank you for the email.
1) We are happy to end the current contract and commence a new 5 year contract fixed at £8k + VAT per annum from March 25 2013.
2) Happy with the recharge insurance - does that mean the service charge reduces commensurately with what is recharged to Denby - ie the current charge is £255.14 per annum - is this to be knocked off the service charge?
3) We are also happy to have a sensible conversation in March 15 if the need arises.
Point 2 is a totally minor point - but could you just clarify when you have a minute please - for reference, our understanding is that there is no VAT on this as it is insurance and already has IPT [insurance premium tax] levied………to re-iterate, very minor - but just need clarification.
I would like to conclude by saying that Lisa and I are delighted to have come to an agreement and look forward to another 5 years at Little Kinvaston.
Kind Regards
Bernard King
Managing Director
Charterhouse Financial Planning Ltd Little Kinvaston, Watling Street, Gailey, Staffs, ST19 5PR
T: 01902 623844 F: 01902 790300
M: 07787 570873 E: ***@******.***
From: Robert Oakley [mailto***@******.***]
Sent: 17 January 2013 17:24
To: ***** *****
Cc: 'Lisa Luck'
Subject: RE: Little Kinvaston
A brief note to summarise our earlier phone-call:
• We will determine the current [£11,500 per annum] lease and grant new 5year lease from [25] March 2013 at £8,000+VAT per annum;
• Service Charge arrangements as before except that ChFPL will separately re-imburse Denby for buildings insurance [c.£305+VAT per annum];
We [will not formally record but all] acknowledge that if appropriate circumstances present themselves in March 2015, we will have a sensible discussion about alternative accommodation arrangements at Little Kinvaston.
I think this covers all items, but please let me know if you have anything else / any queries.
We have asked for a new lease on several occasions and have not received one. There are now problems at the building which means we wish to leave. Based on the above emails are we under contract to stay?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Just to be clear the lease ended and it didnt automatically renew?
Customer: replied 2 years ago.
The lease we signed in 2008 was originally for 5 years but we re-negotiated earlier than the finish date.
Expert:  Ash replied 2 years ago.
Ok. Then either party can pull out at any time UNTIL a new lease is signed. What you have at the moment is tenancy at will which means you can end it.
Can I clarify anything for you about this today please?
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
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