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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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our lease has expired march 2010 we are in hold over paying

Resolved Question:

our lease has expired march 2010 we are in hold over paying monthly how much notice do we need to give
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Can you confirm if the lease you are referring to is a residential tenancy agreement or a commercial lease?

 

Kind regards,

 

Tom

Customer: replied 4 years ago.
It is a commercial lease
Expert:  Thomas replied 4 years ago.

And do you have security of tenure under the Landlord and Tenant Act 1954?


Tom

Customer: replied 4 years ago.
how will i know this -we have been tenants here for 10 years
Expert:  Thomas replied 4 years ago.

If the lease is not excluded from the Act then you would have had to have sworn a statutory declaration before executing the lease confirming that you understand that the Act does not apply to the Lease.

 

Tom

Customer: replied 4 years ago.
as far as I am aware i did not do this
Expert:  Thomas replied 4 years ago.

Okay, if you did not do this or receive a warning notice 14 days before you executed the lease then the Lease is not excluded from the Act.

 

This means that you will have to serve a notice under s27(2) Landlord and Tenant Act 1954. You must have been in occupation for at least one month and give the landlord three months notice with such notice to expire on a quarter day (25 March, 24 June, 29 September or 25 December.

 

It is very important that the notice is in the correct form and you should get a solicitor to draft and serve it appropriately. If it is not in the correct form then it may be defective and you would find yourself liable for continuing rents until a correct notices has been served and has expired. It will not be that expensive, £250.00 approx.

 

He will also be able to tell from looking at your copy of the lease whether it is excluded from the Act.

 

You can find solicitors in your area by using:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

Enter your postcode and select "commercial property". I would not wait because you will have to serve the notice before 29 September.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to answer follow up questions.


Kind regards,


Tom

 



Edited by Thomas on 8/26/2010 at 4:16 PM EST
Customer: replied 4 years ago.
where can i print off this answer please for reference
Expert:  Thomas replied 4 years ago.

Hi,

 

Having never used this as a customer I'm afraid I don't know. If you cannot print via your internet browser, trying copying the text and pasting in to Word (or similar). Failing that you can simply using your Screen Print button to copy the whole page and then paste in to another program.

 

Hope this works!

 

If so, please click accept.


om

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6399
Experience: BA (Hons), PgDip, Practising Solicitor
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