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Jul, 2016

Sunday

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  1. "The key timescales are not more than twelve...

    "The key timescales are not more than twelve months before lease expiry and not less than six months before lease expiry."

    Correct but can be confusing. When the contractual expiry is less than 6...
  2. Since the contractual term expires in October...

    Since the contractual term expires in October (the op says the lease runs out naturally in October), no notice from the tenant is required, the tenant simply vacates s27 only applies when the tenant...
  3. The lease would normally contain provision for...

    The lease would normally contain provision for this eventuality. In principle, you have the right after the period of time stated in the lease to sell items that are left behind after the tenant has...
  4. Until recently when the tenant assigned its...

    Until recently when the tenant assigned its lease, the tenant had opened the shop for 10 years. During that time, the lease was renewed, the rent went up a few time, but still no sign of occupation. ...
  5. Philip Surveyor's response and explanation is...

    Philip Surveyor's response and explanation is helpful but in my opinion not commercial expedient: from what you say a more robust approach is called for.

    The aim is to get possession without...
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    Per the 1987 Use Class Order, for the sale of...

    Per the 1987 Use Class Order, for the sale of sandwiches or other cold food for consumption off the premises is an A1 use. Just because you describe the premises as a cafe doesn't automatically make...
  7. As has been said it depends upon what the leases...

    As has been said it depends upon what the leases says.

    Amongst the thorny issues in the relationship between landlord and tenant is the building insurance premium!

    If the lease entitles you to...
  8. Assuming the flats are sublet on AST or regulated...

    Assuming the flats are sublet on AST or regulated tenancies then it is unlikely the sub-tenants would have any leasehold enfranchisement rights. So, provided the lease to your shop tenant does not...
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    The court will weigh up the competing interests...

    The court will weigh up the competing interests of landlord and tenant.

    Renewal for term 10 years with tenant break at 5 is common nowadays. Whether the break would be exercised or simply used as...
  10. Item 15 of the web-link only refers to rates...

    Item 15 of the web-link only refers to rates payable.

    The answer to the op is that for the current revaluation (2010 Revaluation) the VOA base the RV on the valuation tone for the type of property...
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    I should think it's the original rental. Why else...

    I should think it's the original rental. Why else refer to the Jan 1996 index figure.
    The idea is that is review is based on the start rent £1500.

    If it were to each increase regardless of the...
  12. In the two examples I gave, the parties concerned...

    In the two examples I gave, the parties concerned have incurred expenses to fit out the premises. In one case, around £20,000, in the other around £50,000.
  13. I agree with Lawvruncher and the 3 rules. ...

    I agree with Lawvruncher and the 3 rules.

    Generally, the only time when safe to allow a business tenant into occupation before completion of documentation is when the parties are very experiences...
  14. In the context of an existing lease, the death of...

    In the context of an existing lease, the death of a landlord is no different to the sale or disposal of the (landlord's ) reversion to another party; the change in landlord doesn't affect the...
  15. Noted, thank you At rent review, the standard...

    Noted, thank you

    At rent review, the standard methods for referral are either to an arbitrator or independent surveyor acting as an expert (Independent Expert).

    I'm be amazed if the parties at...
  16. As I see it, there are two aspects here: (1)...

    As I see it, there are two aspects here: (1) remedying the damp and (2) determining the final-responsibility for the cost of the works.

    Assuming the property is not new, how come there hasn't been...
  17. From what you say, I reckon you'd need D1 use of...

    From what you say, I reckon you'd need D1 use of part. as you're in a hurry, the question is whether to take a chance.

    In the lease, the landlord can allow you to use the premises for whatever...
  18. In the s25 notice, the landlords proposal rent...

    In the s25 notice, the landlords proposal rent for renewal does not have to be the market rent. You can over do it as much as you like. On renewal, the only valuation date that is fixed is the date...
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    "The lease refers to a review being every 4 years...

    "The lease refers to a review being every 4 years but then has no further details on review mechanism."

    It's not unusual for a lease to be defective as regards the rent review, even to the extent...
  20. "There are more than the two ways you outline to...

    "There are more than the two ways you outline to determine the dispute, this includes a court claim to determine the rent, or an early neutral evaluation, or also there is also formal, or informal,...
  21. You will also need to consider the planning...

    You will also need to consider the planning permission. A therapy centre comes under Use Class D1, whereas offices are B1 (or A2). You may need to get your landlord's okay to the breach of planning,...
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    With respect, you are not making yourself very...

    With respect, you are not making yourself very clear so I can only guess what you're asking.

    Assuming your lease would qualify for renewal rights, and provided notice is served and the court...
  23. Regarding possibility 3, even if the agreement...

    Regarding possibility 3, even if the agreement were to provide for the tenant to apply for permission, it might be better for the church to make the application but in your name. The church might...
  24. While it's true that the tenant wouldn't be able...

    While it's true that the tenant wouldn't be able to ignore a s25 notice, that doesn't mean the tenant would have to do something fairly sharpish,

    All that s25 notice does is to end the existing...
  25. If you can prove, having regard to what the lease...

    If you can prove, having regard to what the lease says, that the landlord is unreasonably delaying and your buyer has pulled out because of that then you could sue for damages in tort.
    However, the...
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