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Buachaill, Barrister
Category: Law
Satisfied Customers: 10953
Experience:  Barrister 17 years experience
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I have a franchise (pet shop) with in a garden centre,

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Hi, I have a franchise (pet shop) with in a garden centre, i have owned it since 2007.
I have always had a 3 year commercial lease in the past. My existing lease runs out at the end of may. My landlords now have new people in head office who said they are changing the leases to 6 month rolling contracts, please could you tell me if they should be issuing me with a new contract as i here conflicting advice and am i right in thinking they only have to give me 1 months notice to vacate.
Look forward to hearing from you.
1. Dear Gillian, you really should have sought advice on this matter earlier. Additionally, you should also read your lease and see if the right of renewal was contracted out of. If the right of renewal was contracted out of, then you would not have the ability to renew. So the first step is to read your lease. The second step you ought to have taken is to have served a section 26 notice under the Landlord & Tenant Act, 1954, to renew your lease. This should have been done 6 to 12 months before the expiry of your lease. Essentially, you should have served this notice to renew your lease some time between the 1st June 2015 and 1st December, 2015. This would have guaranteed that you could have renewed your lease. As things stand, the period for seeking to renew your lease has passed. This is obviously why the garden centre have suggested that the lease terms be changed.
2. I would advise you now to get yourself a solicitor and get the solicitor to engage in correspondence with the garden centre to see if they will be amenable to renew the terms of your lease even though the time for serving a section 26 notice for renewal has expired. This is the first step in seeking to renew the lease. At this point, you will need legal assistance to ensure you right of renewal is not compromised.
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