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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7147
Experience:  BA (Hons), PgDip, Practising Solicitor
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We Are the OAST GOLF CENTRE. CT16 3EF.,we saught to extend

Resolved Question:

We Are the OAST GOLF CENTRE. CT16 3EF.,we saught to extend our lease(to enable our son to take over the business)May 1st this year.
In Feb it became necessary to advise our landlord that we would be relinquishing the lease and leave May 1st. (our son has a very bad heart condition -and cannot take stress)The landlord would not interview prospective new Tenants for our business until due date 1st May arrived.We agreed to keep our golf business up and running,to allow new people to be interviewed.Rent paid under meanse profit basis.The new tenants were decided by the Landlord who thinking they had a very good position offered us circa 10 K.this was declined.At this time we are about to move out of the business on 1st Nov.a court order from Landlord decerees this date.Our issue is that the Landlord declined to hear any other potential offers from other bodies who would have offered quite a lot more than 10K.Can this be perceived as a "restriction of trade"
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

When does or did the term of the lease expire?

Was the lease within the Landlord and Tenant Act 1954 (ie. giving you a statutory right of renewal)?

Customer: replied 3 years ago.

Good afternoon Tom


30th April 2012


Yes and we were setting about renewing lease when the issue of our sons health (and our age Im 72 years old and wish to retire)we had served the 6 month notice to renew.



Expert:  Thomas replied 3 years ago.

Thanks for your patience.

I presume that if there is a Court order for possession then you have exhausted your rights under the Landlord and Tenant Act and that the Order has be properly made having regard to each party’s rights under the Act with respect to renewal. There are set grounds under the act on which a landlord can refuse and a Court would not make an order unless it was satisfied that the refusal was legal under the act.

I don’t really think that you’re going to get anywhere with having restraint of trade forming the basis of a claim against the landlord if there weren’t specific provisions regarding this practice in your lease or any other agreement that you have with the landlord.

If there is a clause with which the landlord has not complied then you may have a contractual claim against them so you need to examine the clauses by which the landlord was bound and check to see if they have complied with them. If they have not then it’s breach of contract for which you may be able to use to form the cause of action for your claim.

If there are no clauses which the landlord has breached then you would not be able to claim from him unfortunately.

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Kind regards,

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7147
Experience: BA (Hons), PgDip, Practising Solicitor
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