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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6296
Experience:  BA (Hons), PgDip, Practising Solicitor
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We are a Brass Band, and have been on a site for 21 years.

Resolved Question:

We are a Brass Band, and have been on a site for 21 years. The land is owned by a brewery who want us to sign a lease for 6 years with no rights to remain after that period. We have never had a lease of any description before, and have not even paid rent for a number of years.
Do we have any rights regarding this?
I assume we can ask for a different type of lease, or a longer term?
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi,

 

In the absence of any written agreement you have probably been occupying the property on a licence basis. This means that they could obtain possession of the property by applying for a court order after having given you "reasonable notice" to vacate.

 

If the lease you have been sent is contracted out of the Landlord & Tenant Act 1954 then you will have no statutory right of renewal at the end of the lease term. You would have to negotiate privately with the landlord when the lease term ends.

 

There is no statutory provision giving guidance on what lease term you should receive - it is entirely a matter of provate negotiation. You are free to suggest new or modified terms to the landlord and, equally, they are free to reject them.


You are going to have to think what length of term is best for you and see if the landlord is agreeable.t

 

You should consider taking specific advice on the terms of the lease. Particulaly, you should have your ability to assign (ie. transfer) the lease to another tenant during the term explained to you because you will obviously be liable for the rent specified therein.

 

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

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
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