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inform
06-10-2005, 11:15 AM
Ooops I think this should be here as a new question and not linked to my old one. Sorry folks.

Thanks for responses and excuse my ignorance but what are 'Heads of Terms'.

Also our tenant who is not permitted to sub let assign etc etc, we note that his insurance policy has in the past for a period of 4 years, included a second person trading under the same business name but has since been removed. We believe he has breeched the terms of his lease and other than asking the tenant directly about this other persons involvement, how can we obtain his personal details and what his interest in the premises was/is. Should we serve a section 40 notice to obtain this information or does this notice only apply where sub-letting takes place. If he is found to have sub-letted the premises at any point during his lease period can we use this as a reason to opose renewal. Thank you

Editor
09-10-2005, 20:09 PM
Heads of Terms are the main terms of the lease set out in the notice (eg s25) as a starting point for negotiations, eg rent, length of lease, use, etc.
If you are opposing the lease renewal you must clearly state in your notice on what ground/s, eg: ground (c) tenant's breach of obligations or use of the holding - you cannot change these later.
Obviously you must prove that the tenant has seriously breached his covenants, which subletting would certainly be. Not sure how effective the section 40 notice would be in obtaining this information?