Notice to end a business tenancy

[Rob]

Twenty years ago we were invited to a garden centre to set up a pet store and to grow with the centre.We were on a licence term. We were moved in 1995 to larger premise to provide space for the landlord to change the entrance to the space previously occupied. About a year later we were served a notice to end business tenancy. We succeeded to over turn the eviction and were granted a lease for 3 yrs. commencing Oct 1997 and protected by landlords and tennants act.

In July 2000 we were asked to attend a meeting with the landlord, we were offered the facillity to be bought out from an exit fund. We signed a Confidentiality Agreement in Sept 2000 which detailed the centres plans and in which the parties agreed future discussion and correspondence.

It was later agreed that we take on more space bringing the area upto about 2000sq.ft. I had written to Landlord well before the end of the term to start negotiations for a new lease. No replies, eventually replied nine months later saying that they were still considering changes and enlargement to pet dept.Soon after which we were issued with another notice to end business tenantcy. A new lease was granted for three years expiring 30.09.2005.

We have been issued with further notice to end business tenancy , this time because the landlord wants to demolish part of the centre and needs to obtain possession so to do . he has not offered us further space. Can anyone please advise if we have any rights to stay where we are. thanks.

[Editor]

This sounds a complicated case and as such you would be well advised to seek help from a good property solicitor and a chartered surveyor.
I'm surprised that in the first instance the licence was not upheld as this situation (unless you do have exclusive possession on a full unit as opposed to a concession on the site) to my mind it appears to be exactly the sort of arrangement where a licence would work - perhaps there was something wrong with the agreement - certainly the landlord has been less than diligent on the legalities or the management arragements?
However, it has been established that you have a tenancy and as such you have security of tenure under the 1954 Act - this puts you in a strong position.
One of the grounds for re-possesion is that the landlord needs to re-develop and would need to clear out the space.
However, in this situation the re-development implies more space, so how can the landlord argue he needs you out? He need only move you to a different space on the same site?
The landlord would have to put a strong and convincing case together to present to the court if he is to win the day, and you would need to put your counter claim, ideally with help as suggested above.

[Rob]

Thank you for your kind help, we obviously need to find a surveyor who is particularly good with this kind of thing. can you please provide us with a list.

[Editor]

You need to find a commercial surveyor who is active in your local area - look for commercial letting boards and and ask around for recommendations. Take a look at the LandlordZONE Directory - Surveyors and Consultants - Failing that, contact RICS - http://www.rics.org/