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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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1. I am a landlord and let my lock up shop to a tenant who

Resolved Question:

1. I am a landlord and let my lock up shop to a tenant who is using it as a nail studio.
2. I own the two residential flats above the shop, and so am freeholder of whole premises.
3. I have a bank loan on the shop.
4. 10 yr lease coming to an end on 30 april 2012.
5. Tenant doesn't want to renew lease; wants new lease to be put under relative's name.
6. Relatives wants to; use shop as nail studio; start 30/04/2012.
7. Verbally agreed new lease with new tenant. do i need written confirmation from tenant before I prepare lease?
8. New lease; 12 years FRI
9. rent deposit; ££8,500 held by me until 30/04/2024
10. tenant to pay me £1200 towards legal costs.

I do not want to engage a solicitor but want to do it myselfand need your help. please let me know answers to following:
1. The whole procedure for preapring new shop lease.
2. Are there any problems in doing this myself?
3. Would there be any problems from my loan providor?
4. What documents do I need to buy?
5. Do I have to send any documents to the land registry, Inland Revenue or Loan Provider?
6. Can I still claim money for my legal costs as agreed from tenant?
7. Can I come back to you if I need more guidance?
8. Can I have old tenant transfer there deposit to name of new tenant?
9. Damages have happened in shop by both current and previous tenant, who are friends or related. Can I hold both there deposits until they pay for changes made to shop fittings ilegaly?
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi,

Is the loan a mortgage secured by first legal charge against the freehold title for the property?

Tom
Customer: replied 2 years ago.
Yes, it is.
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

I presume that you therefore have existing consent of your lender to let the property under the terms of the lease that already exists on the property. If you did not get their consent then you have probably breached your mortgage conditions with them, if they were to find out then they could take enforcement action against you. If this is the case I would wait until the existing tenants have left before consulting with your lender about the new lease

Really, I would never advise a client to self-prepare a lease for a property that they own. They are complicated documents and if you make a mistake you really could end up spending far more in legal fees than you would have paid originally in sorting it out.

However, if you are minded to give it a go against this advice then you will need to purchase a draft lease and amend it to reflect the terms you have agreed with the tenant. You can purchase draft version from any of the online providers. The biggest of which are probably ClickDocs or LawDepot.

If the tenant is not instructing solicitors then it’s simply a case of preparing the lease, getting the written consent of your lender after giving them a copy of the proposed lease and then attending to execution of the lease. It may be that you lender might actually require you to instruct solicitors to act on your behalf as part of their conditions of consent.

If the lease is appriopriately drafted and you have a commercial mortgage then they should give you their consent.

The problems that you could face in drafting the lease apart from obvious mistakes in not including things like a forfeiture clause so you can get possession, not including a responsibility to pay insurance and matters involving the rights which are exercisable over the property you are to lease either in favour of the residential flats. You’ll appreciate this is an expansive question, because a lease has so many aspects to it there are many things that can go wrong.

If the tenant does not make any enquiries then there are no documents which you have to “buy” but you should download a copy of the register for the property so that you have the title number and can refer to it in your lease:-
https://www.landregistry.gov.uk/wps/portal/Property_Search

If you have agreed a sum of money for “your legal costs” then this should really be on the expectation that you will instruct a solicitor to prepare the lease. If this is unclear you need to clarifiy this with the tenant, because it could get sticky if you take the money, don’t instruct and then get sued after the tenant pulls out with him claiming that the money was for solicitors.

If you clarify that the money is for your costs/time in preparing the lease and they agree to pay then it’s fine.

If deposits are involved then you will have to download a separate Rent Deposit Deed and prepare this to take account of the deposit. You can only transfer the deposit between the old/new tenants if both agree.

If there are damages now as a result of the old tenant then you need to deduct this from their deposit., because although they are relatives they are separate legal individuals and should be treated as such.

Most importantly in the new lease you want to make sure the new lease is excluded from the Landlord and Tenant act 1954 so that they don’t have a stautority right of renewal. The lease will make reference to it and the new tenant will have to swear a staturoty declaration after you have served a Warning Notice on them. The document providers will have details of this.

I really would urge you to instruct a solicitor though.


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If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.


Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6655
Experience: BA (Hons), PgDip, Practising Solicitor
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