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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 2139
Experience:  Freelance Solicitor at Self Employed
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We are a business that have been based in a building for 8

Customer Question

hi therewe are a business that have been based in a building for 8 years and built up considerable local goodwillOur landlord is turning the building into flats and gave us notice to leave. Am i entitlled to withholding last 1-2 months rent to cover costs of moving and the loss of the goodwill
Submitted: 11 days ago.
Category: Property Law
Expert:  Vineet S replied 11 days ago.

Welcome to Just Answer, I am a practicing solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

Expert:  Vineet S replied 11 days ago.

Hi there,

As a commercial tenant, you can not withhold last months rent to cover cost of moving or loss of goodwill, unless and until, it has been mutually agreed with the Landlord in the writing.

So, unless Landlord agrees to this, you can not withhold rent to cover moving cost and loss of your goodwill.

Expert:  Vineet S replied 11 days ago.

I hope this helps.

If you need further assistance, please let me know.

Thank you for using Just Answer. Best wishes.

Customer: replied 10 days ago.
https://www.ortolanlegal.com/news/2016/07/05/compensation-for-business-tenants-an-overview
Customer: replied 10 days ago.
would we have grounds for compensation under the landlord and tenant act as we were not given option to renew
Expert:  Vineet S replied 10 days ago.

You need to check if your lease falls outside the provisions of section 24-28 of the Landlord and Tenant Act 1954 . If both Landlord and tenant have opted out of the act , then provision of the Landlord and tenant act .

Customer: replied 10 days ago.
we were on a 12 month renewing license, but we never opted out of the act
Expert:  Vineet S replied 10 days ago.

You need to check your lease agreement.

Customer: replied 10 days ago.
Hi thanks for your answer. As previously stated we have a written agreement signed by both parties, but it is titlen license agreement. There is no mention of the Landlord and Tenant Act 1954 in the license document and we have not opted out
Expert:  Vineet S replied 10 days ago.

Kindly attach the relevant agreement here.

Expert:  Vineet S replied 10 days ago.

If it is a license agreement and you were a licensee then you do not have protection under the Landlord and tenant act. Licensee are excluded occupants.

Expert:  Vineet S replied 10 days ago.

That means Licensee do not have protection that tenants have in case of evictions.

Expert:  Vineet S replied 10 days ago.

I hope this helps.

Thank you for using Just Answer. Best wishes.

Customer: replied 10 days ago.
ok many thanks for your help
Expert:  Vineet S replied 10 days ago.

Thank you for using Just Answer. Best wishes.

Customer: replied 10 days ago.
You too Vineet thanks