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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 38234
Experience:  Over 5 years in practice
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We are a social landlord who entered into a lease agreement

Customer Question

We are a social landlord who entered into a lease agreement with a company in 2015 to lease the space above our roofs for the installation of Solar PV Arrays. The original company subsequently without our consent sold the arrays and leases to another company. The new company has never changed the information on the leases so we have legal docs with the old company but not the new. Where do we stand?
JA: Where are you? It matters because laws vary by location.
Customer: Colchester
JA: What steps have you taken so far?
Customer: We have brought it to their attention without much response and will be meeting with them soon to discuss the matter.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: We are having trouble getting the new company to fulfil there obligations for maintenance and upkeep.
Submitted: 7 months ago.
Category: Law
Expert:  Jamie-Law replied 7 months ago.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Expert:  Jamie-Law replied 7 months ago.

What is it you want to know about this today please?

Customer: replied 7 months ago.
I want to know if it is acceptable for a company to sell a lease without our, the landlord's, consent and where we as an organisation stands when our leases have different names than the company which now owns the leases.
Expert:  Jamie-Law replied 7 months ago.

Does it say it can be sold/assigned?

Customer: replied 7 months ago.
Assignment
Not at any time during the Term without the prior written consent of the Landlord
(such consent not to unreasonably withheld or delayed) to charge assign underlet
part with or share possession of the Demised Premises or any part thereof except
to the Tenant’s Funder (whether by an assignment or charge) that is exercising the
step-in rights contained in clause 11 PROVIDED THAT the Tenant may assign to
the Tenant’s Funder (where the step-in rights at clause 11 are not applicable) with
the prior written consent of the Landlord (such consent not to be unreasonably
withheld or delayed).
Expert:  Jamie-Law replied 7 months ago.

Ok thats your lease. What about the agreement between solar people and Landlord?

Customer: replied 7 months ago.
It is attached. CBC have 500 different properties which have the same lease which is between CBC and BREYER GROUP PLC AND ALTERNATE ENERGIES
LIMITED. But a bout 18 months ago Breyer sold out to Armstrong Energy with no advanced notice and this is the crux of our problem. If our legal docs are not with the new owners what recourse do we have?
Expert:  Jamie-Law replied 7 months ago.

Ok, I cant read the whole thing.

Just tell me what it says about the assignment?