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- 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?
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Commercial
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?
Under the provisions in the Landlord and Tenant Act 1954 one of the limited number of grounds under which a landlord can re-claim possession of a commercial property is the re-development ground.
Once a valid Section 25 Notice has been served there are strict time limits under which action by both parties must be taken - first check that the notice is valid and take appropriate action within the time limits. It's advisiable to get professional help in this situation from a Chartered Surveyor.
The onus is on the landlord to show in court that he has done all preliminary work (plans and permissions etc) and fully intends to go through with the re-development. He also must show that he cannot reasonably do the development (demolish and re-build or substantial structural work) without obtaining possession.
If the tenant intends to oppose he must apply promptly to the court for a new tenancy and either: (1) show how reasonable access can be allowed for the works to be completed, or (2) be willing to occupy another section of the premises.
Should the court grant the landlord possession, then the tenant would be entitled to compensation on a fixed scale. Higher compensation is due if the landlord subsequently fails to do the developemnt.
Note: never rely totally on these standard answers. Before taking action or not, always seek professional advice with the full facts of the case and all documents to hand. LandlordZONE.co.uk
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Last update: 2007-03-11 21:08
Author: LandlordZONE
Revision: 1.4
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