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vinney8330
15-10-2005, 07:30 AM
I have a commercial lease that has just ran out, we have tried to contact the owner a few times and in the end have written a letter stating on what terms we would except the lease, we have had no reply and have infact been told that he has died,we would like to buy the property but are worried that we do not have a lease renewal in writing from the once owner.What should we do and were do we stand with the lease renewal ?

Editor
15-10-2005, 22:48 PM
Although your fixed term has expired your tenancy still continues and you still have protection under the 1954 Landlord and Tenant Act, providing the tenancy was not outside the Act, but you are now on a periodic basis, ie if you pay rent quarterly, then on a quarterly basis.
This can sometimes be advantageous to one or other party depending on the circumstances, for example, as tenant you have only a short commitment, and otherwise there is no real detriment to continuing on this basis.
However, if you want long-term security you need to agree and sign a new fixed term lease. But starting this process may trigger rent increases etc.
If the landlord has died his rights will be part of his estate and eventually will belong to whoever inherits.
You will need to contact whoever this is to agree new terms, bearing in mind that you have security of tenure, providing the Act applies.