How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7260
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I am coming to the end of a ten year commercial lease 1/1/12

Customer Question

I am coming to the end of a ten year commercial lease 1/1/12 in the current tennancy agreement the rent review is every five years last increase was 25% 2006.
private family landlord has proposed an increase of 20% to commence 1/1/12 will a review in a further five years of a new 10 year lease.

We can not afford such a large increase they seem to pull figure out of air,
who can i go to if we can not agree the rent increase rate ? i have made counter offer of 10% increase with a review in 3 years ?
or can they simply say 20% or no new lease ? even though i have been a good tennant for ten years.
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.


Tom

 

 

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Do you know if your lease is excluded from the Landlord and Tenant Act 1954 so that you do not have an automatic right of renewal at the end of the contractual term of the Lease (if it is excluded you would have had to have sworn a statutory declaration prior to completion and passed it to the landlord)

Kind regards.

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7260
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Property Law Specialists are ready to help you
Customer: replied 5 years ago.
dont know
Expert:  Thomas replied 5 years ago.

Hi,

 

I must apologise- I intended my previous post to be an info request only (ie. one that would not allow you to click accept to).

 

I have unexpetadly been called in to a meeting for an hour, I will be able to provide you with an answer upon return.

 

In the meantime, could you confirm whether you instructed a solicitor to act on your behalf when you took the lease?


Kind regards,


Tom

Expert:  Thomas replied 5 years ago.

 

Hi,

 

Thanks for your question.

 

My meeting finished early, luckily.

The reason I ask whether you instructed a solicitor when you took the grant of the lease is because they will know if the lease is excluded from the Act mentioned in my above post. If you did you should call them to find out. If you did not then you should take a copy of your lease to ask a solicitor to check if it is excluded from the Act for a fixed fee. They will be able to tell in two minutes if it is.


If it is not excluded from the Act, then you have statutory right to apply for a renewal of the lease. The landlord can only object to a renewal on a few very limited grounds. If you cannot agree the terms of the renewal (ie. the rent) then you can make an application to court for the terms to be set and a chartered surveyor will be instructed to give an indication of fair rent to be charged.


If it is excluded from the Act then the landlord' solicitor is free to offer you a lease on whatever term he chooses. It is then for you to either accept, reject or negotiate but there is no obligation for them to alter their requirements if they are not so minded. If this is the case and you cannot agree terms then they will be free to serve notice on you to take possession of the Lease.

 

Please do not click accept to this post. If you do the site will charge you twice.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Aston Lawyer

    Aston Lawyer

    Property Solicitor

    Satisfied Customers:

    1705
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Property Solicitor

    Satisfied Customers:

    1705
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1331
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    1300
    25 years exeperience
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    443
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    276
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matt J's Avatar

    Matt J

    Solicitor

    Satisfied Customers:

    216
    LLB(HONS)