Navigation
Records in this category
- Foreiting of Lease by peacable re-entry. My commercial tenant lives above the shop and has not paid his rent. Can I forfeit the lease?
- Re-development Ground - Section 25 Notice. My landlord has served notice citing the re-development ground as the reason for ending my commercial tenancy, what should I do?
- Commercial Property Value - I have inherited a commercial property which is currently let. I would like to understand the method of valuing the property. I understand that the rental income has a lot to do with it, location etc, but I don't know what else has effect on price?
- Rent Review - my landlord is asking for far more rent than I expected on review. Am I obliged to pay this?
- What is a Section 25 Notice? My business lease is coming to an end and my landlord has served on me a Section 25 Notice.
- What is a Section 26 Notice ? My Commercial (Business Tenancy) Lease Agreement is coming to an end soon and my tenant has served on me a Section 26 Notice.
- Engergy Perfomance Certificate (EPC). I hear that landlords will need to provide these certificates when they let commercial properties in the future - what is this?
- I let my business premises on a license and I would now like to terminate. How do I do this and are there any restrictions?
- Dilapidations: My landlord is looking to me to re-instate, repair or decorate following his surveyors report for final dilapidations on termination of my lease. Where do I stand if there was no schedule of condition at the start of the lease?
- Commercial Leases: I am renting out my shop to a new tenant and I want to buy a lease. Can I buy one "off-the-shelf"?
- Break Clause. I am negotiating to take a lease with a break clause so that I can get out of the lease if my new business fails. Are there any points I should be aware of?
- Setting up a Commercial Tenancy - I would like to find out about the Landlords responsibilities to ensure the commercial property for lease is 'fit for use' e.g. safe for occupancy. What 'condition' does the property have to be in to be leaseable? If the building requires replastering, rewiring, replumbing - who foots the bill? the landlord or the incoming tenant?
- Code for Leasing Business Premises - what is this code?
- Lease Assignment - I need to get out of a business lease. I have a flower shop which I lease from my landlord. The lease I originally signed was a standard law society lease for 5 years. I have been there for 2 years and now the business has grown so I need to expand and therefore have secured larger premises. What is the norm here? I appreciate that I have signed for 5 years but I have been a good tenant (I have installed full central heating etc) paid rent on time etc, etc. I am prepared to give my landlord 2-3 months notice to re-let the property so I was just wondering what happens normally.
- 2 years ago I purchased a company from my ex boss, on a 10 yr lease, the lease was set up by a solicitor. After 2 years the buisness is struggling and is not viable. I feel that my solicitor ill advised me as there was no break clause mentioned. Where do I stand on this?
- My business is going belly up but has over two years left on the lease. I want out but the landlord says I will have to pay rent until another tenant is found and the difference in the rent if it's less than I am paying. Does all this have to be spelled out in the tenancy agreement as it says nothing about this? I did not seek legal advice and did not realise the consequences of signing the lease. Please help as its going to cripple me trying to pay the rent with very little income.
- Lease Renewals and Rent Review Disputes - what is PACT?
- Are there any special precautions I should take on granting permission to assign or to make alterations to the property?
Tags
Sticky FAQs
Commercial
I let my business premises on a license and I would now like to terminate. How do I do this and are there any restrictions?
First of all are you sure this is a license and not a full tenancy? A license is purely an owner's permission to use the land as opposed to a lease which gives exclusive possession and a legal interest in the land.
The difference between a license and a full tenancy is often contensious and could be difficult and/or expensive to determine through the courts if the situation is not clear cut. It matters little what the agreement is called, lease or license, it's what it says and intends but ultimately it's the situation that counts.
For a true license situation to exist the landlord must have some form of control over the letting and the tenant must not have exclusive possession - ie he cannot exclude others, including the landord, from his allocated space. Serviced offices would be a good case in point, where the landlord or his staff control the premises as a whole.
If this is a true license then the wording of the termination clause would determine the notice procedure and notice period. If the agreement is silent on the matter, then a "reasonable" period of notice would be required. One full rent period may be approriate here, but certainly enough time for the licensee to make alternative arrangements.
If, on the other hand, it turns out to be a full tenancy then a business tenant may have the full protection of the Landlord & Tenant Act 1954. In other words he has security of tenure and a right to renew at the end of the lease on similar terms.
Where the lease is for a fixed-term of more than 6 months or is a periodic tenancy, then regardless of any terms in the agreement, the tenancy can only be terminated in accordance with the terms set out in the Act, which are extremely restrictive and could involve the landlord in payment of compensation.
The only exceptions would be if the tenancy fixed-term was for 6 months or less, in which case the tenancy can be terminated after the last day of the fixed-term, or where the landlord and tenant agreed at the out-set (and have the correct documentary evidence to prove it) to disregard statutory protection. This is known as letting "outside the Act".
Tags: -
Related entries:
- Squatter's Rights - Someone has occupied my property for some time without my permission. Can they claim good title through Squatter's Rights (adverse possession) ?
- Foreiting of Lease by peacable re-entry. My commercial tenant lives above the shop and has not paid his rent. Can I forfeit the lease?
- Re-development Ground - Section 25 Notice. My landlord has served notice citing the re-development ground as the reason for ending my commercial tenancy, what should I do?
- Tenancy Deposit Scheme (TDS) I believe the TDS scheme commenced on 6th April 2007. How does it work and how will it affect existing tenancies?
- Assured Shorthold Tenancy Ends. What happens when my AST comes to an end ? Will I have to leave or do I need to sign a new agreement ?
Last update: 2008-02-16 18:47
Author: LandlordZONE
Revision: 1.3
You cannot comment on this entry
