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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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Sirs I am a tenant with a 5 year lease expiring in May 2012. My

Resolved Question:

Sirs
I am a tenant with a 5 year lease expiring in May 2012.
My landlordwants to sell the property next year and he says we {my wife and I} wo.uld have to move out at the end of the term.therefore i would not be able sell the goodwill of our business without another lease.
Are we protected by the Landlord and Tenant act ?
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Do you remember if s24-28 of the Landlord & Tenant Act 1954 were excluded from your lease?

 

If they were intended to be then you would have been served a Warning Notice and Declaration which you either would have had to have signed (if you received more than 14 days notice before executing the lease) or had sworn in front of another solicitor (if you did not receive 14 days notice)

 

Tom

Customer: replied 3 years ago.

I donot remember any referances to s24-28 and any exclusions apart from Landlord and tenant Act 1954 s196 about the delivery of notices in connection with the lese and s37 s38 re the non entitlement of anycompensation.

 

 

 

No warning notce was served nor a sworn statement.

 

 

 

 

 

Keith

Expert:  Thomas replied 3 years ago.

You should get the lease out and check it or call the solicitor who acted on your behalf to confirm.


If you did not swear/sign a statutory declaration excluding the sections of the act relating to security of tenure then you will have security of tenure under statute. This means that you can apply to Court for a renewal of your lease and if you do not wish to vacate at the end of the fixed term. He can only oppose this in certain circumstances which do not apply here unless you are in breach of your tenant's covenants/having failed in yoru repairing obligations.have been late in paying your rent.

 

You should go and see a a local commercial property solicitor about making an application for a renewal of your lease because this should be done within the final 12 months of the tenancy.

 

It is very important that you do not breach the covenants you made to the landlord in the lease and maintain your rent obligations, if you do breach he will be able to forfeit the lease and you will cease to have rights of occupation.

 

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


Kind regards,


Tom

Customer: replied 3 years ago.

Just one more thing,the lease states - "Durng the last six months oftheterm ---{It then goes onto arrears of one month or more etc} -"a notice for reletting can be displayed.

 

 

 

Does that mean subject to everything being up to date Icould apply for a new lease{if the Landlord can re-let with only six months remaining.

 

 

 

 

keith

Expert:  Thomas replied 3 years ago.

Keith,

 

That doesn't confirm security of tenure either way, that clause just allows for the landlord to advertise that the property shall become available (ie. if you were not intending on taking a new lease).

 

If the aforementioned sections of the Act are not excluded from he Lease, and you would have had to have signed a statutory or simple declaration then the you have security of tenure, which means you can apply to the Court for a new lease.

 

Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6525
Experience: BA (Hons), PgDip, Practising Solicitor
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