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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2477
Experience:  Over 5 years in practice.
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Looking for a definitive answer from a barrister experienced

Customer Question

Looking for a definitive answer from a barrister experienced in commercial landlord/tenant agreement. I have a one and a half page document/agreement which the tenant is now relying upon to carry on in occupation.
Submitted: 14 days ago.
Category: Property Law
Expert:  Nicola-mod replied 14 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 14 days ago.
OK, continue looking please
Customer: replied 13 days ago.
Please provide a refund, I have waited long enough
Expert:  Peter Collins replied 13 days ago.

Hello, my name is Peter, I’ve been asked to look at this for you, thank you for your patience.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Do you have the document for me to view?

Customer: replied 13 days ago.
We own a building, which has been let out since 2015 to a business.

My son drafted and signed a licence with the tenant that is below:
https://file.io/Zoc8Cw


Originally, this licence had a term of 12 months, but it was amended to state that the licence is valid until the tenant and we sign a 3 year formal lease, this was changed so that we can formalise the occupancy without delay.

The licence specified a fee of £8125 (with no reference to term or duration). The tenant paid 2 months rent at the outset. We have not chased rent over the past 4 years. As the building needed repairs, we were happy to allow the tenant to continue their occupancy, as this absolved us of the business rates liability.

However, now, we wish to make right on the repairs and correct rent. The tenant has paid the remainder of the £8125 and they have said that in accordance with the licence, that this covers the term from when the licence was signed in 2015, to whenever the lease is signed. They have stated that this is because the licence agreement says as much, that the licence fee is £8125, and it is for the licence that expires on signing a 3 year lease, and as we have not yet signed the lease, that they can continue occupation without further rent payments.

Could they in essence carry on occupying without further payment?