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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6373
Experience:  BA (Hons), PgDip, Practising Solicitor
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For several years I have had a yearly lease with a company

Resolved Question:

For several years I have had a yearly lease with a company called 6 piers, they have always renewed my contract but this year the manager would not renew it and let one of my staff have it, they had not got enough money to pay for it and the manager new this but he still let them go ahead with the contract, can I do anything about this
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas replied 1 year ago.
Hi,

Is this a commercial lease?

If so, do you have a written tenancy/lease for one year?

Is so, when does it expire?

Tom
Customer: replied 1 year ago.


This is a commercial lease, or I understand it to be


I


I have a copy of the written lease it is for one year


 


It expired on the 30th November 2011

Expert:  Thomas replied 1 year ago.
Is the lease contracted out of the Landlord and Tenant Act 1954?

Tom
Customer: replied 1 year ago.

it states


Notice that sections 24 to 28 of the landlord and tenant act 1954 are not to apply to a business tenancy

Expert:  Thomas replied 1 year ago.
Hi,

Did you receive the notice 14 days before you signed the Lease?

OR

Did you receive it less than 14 days before you signed the lease but took it to a solicitor to have it sworn

OR

Do neither of the above apply?

Tom
Customer: replied 1 year ago.


neither of the above apply. but we were told not to date it so I am not sure of your first question

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The only way that you would be able to dispute the eviction and new lease to another is if the security of tenure provisions of the Landlord and Tenant Act 1954 applied to the lease.

It can apply to leases of one year but if a landlord wishes to exclude the act from the lease so that they tenant does not have a statutory right to apply for a new lease then they have to serve either a Simple Declaration on the tenant and then wait 14 days before signing the Lease OR serve a Statutory Declaration on the Tenant which the tenant can take immediately to a solicitor to have sworn.

The passage in the lease that refers to the L & T Act 1954 is the wording that I would expect in a lease which was to exclude the act from the lease and not give the tenant a right of renewal by law. However, if you did not receive one of the notices described above the the lease would not be excluded from the act.

If you did nto receive a notice I would write to the landlord stating this and that it means that the act is not excluded from the lease and therefore you have a statutory right of renewal.

If it turns out that you were served a notice then there will be nothing that you can do though.

Once you have the landlord’s reply I would consider taking all your documentation to a commercial property solicitor for a consultation.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6373
Experience: BA (Hons), PgDip, Practising Solicitor
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