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James Mather
James Mather,
Category: Property Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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We have a 12 month lease that runs out in may on our premises.

Customer Question

We have a 12 month lease that runs out in may on our premises. The landlord has recently sold to our new landlord and the new landlord now wants to start charging vat. Turning out agreed old lease of £300 per month to £360. Can he do this or does he have to stick to the £300 already set out in the contract
Submitted: 4 years ago.
Category: Property Law
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.
Is this a commercial lease?
Customer: replied 4 years ago.
Yes it's a commercial lease
Expert:  James Mather replied 4 years ago.
How long have you had the lease?
Customer: replied 4 years ago.
Since may this year, and it's a 12 month lease. But obviously the premises has been sold to a new owner since
Expert:  James Mather replied 4 years ago.

Thank you. He can
only start to charge VAT from the start of any new term which means that he has
to wait until next May and you have the option of a catering, subject to giving
him the correct notice..

He cannot start
charging partway through the term because you have an agreement on which there
was either no VAT or the landlord was not registered for VAT and therefore it
was not payable. Make sure that you continue to pay the rent without that while
he disputes this

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