UK Property Law
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Thanks for your question.
To enable me to answer your question could you please respond to the following:-
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?
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.
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