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Category: Property Law
Satisfied Customers: 128
Experience:  Expert
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I have a question with regard to a commercial lease. We are

Customer Question

I have a question with regard to a commercial lease. We are trying to sell our business but it transpires the lease is not registered - the landlord refuses to add in the clauses that would make the please 'registerable' so our buyer has now pulled out. is there anything we can do to make our business saleable
JA: Where are you? It matters because laws vary by location.
Customer: Somerset
JA: What steps have you taken so far?
Customer: The buyers solicitor pointed out to him that the lease was not registered. It needs a couple of clauses added and the landlord has said no he will not change the lease
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: cant think of anything
Submitted: 10 days ago.
Category: Property Law
Expert:  ChrisB4147 replied 10 days ago.

Hi, thanks for the question.  I’m Chris and I’m a Solicitor in litigation/family matters. I will be happy to assist you and hope to provide a full response as quickly as possible.

This is a question and answer service rather than an instant chat service, and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can.

I’m sorry to hear about the situation you find yourself in.  A lease is normally having to be registered at the Land Registry if it is for a term of 7 years or more. That is just a matter of law rather than any clause in the lease. What are the clauses that you are looking to add?

Expert:  ChrisB4147 replied 9 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer.

You can't of course force anyone into a lease and a lot of it is all about negotiations of the terms of the lease between solicitors.  It sounds as though you are not involved in those discussions so it is difficult to have an input yourself.  I would suggest that you try and liaise with both parties to see if there is some compromise or something else that can be done to push this forward. I would have thought that the sale of the business would include the lease in its current form and therefore nothing could be added as this stage.  However, if you do have some specific further points you wish to raise, please let me know.

Hope all goes well and the matter gets resolved.  All the best.