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Hi thank you for your enquiry and patience.
1. you can apply to change use whilst the premises is still in a different class
2. You have to be careful not to sign a new lease with incoming tenant in case the planning permission does not come through in time or your current holds over
3. If you and the tenant mutually agree to the change in the notice period and perhaps to pay more in deposit to cover for the additional months then it can be done. you may not unilaterally change the terms of the agreed lease.
All the best. I would be grateful for your rating at your earliest convenience.
Hi, further to your questions:
1. You would have to time your application so that you are not applying to early that the current tenant ends up in the property where the use for it would have changed
2.You cannot have two leases overlapping.
3.If a solicitor did the original lease for you then you need to sit down with the tenant and once you agree you advise the solicitor to effect the changes
4. The break clause yes is the opportunity for your tenant to leave early before the end of the lease.
Your tenant may not agree to the extension of notice period but if they do then yes I would say ask for additional deposit.
At the moment from your initial facts your client would have to give his notice in March 2022 to lapse in June 2022 which is your 3 years breakclause. You are wanting him therefore to give notice 3 months earlier in December 2021 to leave in June 2022. Because what he is asking you is a big ask (unless your lease already permits subletting and change of use) you can bargain with your client to ensure that you have the longer period notice in the winter months as you desire. It may help for you to show me the specific wording of your break clause because whay you are summarising here effectively means breakclause at 3.5 years on giving 6 months prior notice to terminate in December 2022.
Hi, I have had a terribly busy day and only got onto the platform a few moments ago. I will look at what you posted now and should respond
Hi, your agreement does not contain a break clause at all and you are right it does not contain the notice period that you may have discussed and agreed with your tenant. a written lease cannot be varied by verbal agreements. You really ought to get whoever (if solicitor) drafted the lease for you to carefully review it to ensure you are protected. The break clause will also need to cover such issues as what happens if you were to assign the lease - it has to specify if the clause if personal to you or attaches to the property so all new landlords are bound. The document you have does not allow either you or your tenant to determine the term of this lease before the 6 year term regrettably. It does provide for re-entry under section 140 if your tenant does not pay rent. Please see a local solicitor to review indepth your lease. All the best
you are welcome. All the best