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Apr, 2014

Sunday

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  1. Lawcruncher, thank you. I think you'll find...

    Lawcruncher, thank you.

    I think you'll find s24A(2) has been superceded, also my first reply is incorrectly worded.

    Having recently been to court in my capacity as expert witness on behalf of...
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    premiums are either required by the existing...

    premiums are either required by the existing tenant wanting to assign his interest or by the landlord as consideration for grant of a new ease.

    if it is the tenant who is selling, then it's a...
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    A T going into liquidation does not necessary...

    A T going into liquidation does not necessary imply surrender: the liquidator would have to disclaim the lease or the landlord get a court order. If the formalities are dispensed with and the...
  4. this may be an agricultural tenancy question in...

    this may be an agricultural tenancy question in which I suggest asking on the agricultural tenancy forum
  5. Involving LTA54 procedure would likely result in...

    Involving LTA54 procedure would likely result in the LL applying for an interim rent, in which case that rent would be back-dated to the earliest the existing lease could've been brought to an end by...
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    And is it possible to seek this permission before...

    And is it possible to seek this permission before the sale?


    You could make an offer conditional upon getting planning for change of use, but make sure the agreement with the seller is...
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    For the persistently late ground for opposition...

    For the persistently late ground for opposition to succeed, the op must be able to prove that he has not been accommodating of any delay, but has taken every step to ensure prompt payment, including...
  8. The op has contacted me direct. For general...

    The op has contacted me direct. For general information, I have said in principle, it may be possible the planners would entertain application for change of use but I should've thought, since there...
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    Assuming we are talking about business premises,...

    Assuming we are talking about business premises, where a tenant is on an internal repairing only lease, it is not implied that the landlord is necessarily responsible for the other repairs. Only...
  10. To take what you read in a lease literally is...

    To take what you read in a lease literally is rarely a good idea unless you can be 100% certain that the draftsman (of the lease) accurately recorded/reflected the actual intention of the parties....
  11. This is very much the sort of situation where you...

    This is very much the sort of situation where you would be well-advised to consult a solicitor well-versed in commercial property/business tenancies.

    On the face of it, you may have a tenancy,...
  12. the law society lease is alterable. sharing...

    the law society lease is alterable.

    sharing and transferring mean different things to sub-letting

    having altered the premises to form 6 smaller units, could you only sub-let any one or more of...
  13. If the tenant is asking for those reports, etc...

    If the tenant is asking for those reports, etc then you'd have to provide them, or accommodate possible loss of the letting.

    Since it is a renewal you are dealing with, it could be reasoned the...
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    "From above, the flat and shop must be empty if...

    "From above, the flat and shop must be empty if you intend to sell the lease to the flat and mortgage the shop ?
    So you will be letting out the shop with all the hassles that will bring, maybe no...
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    The initial rent proposed by a seller for a...

    The initial rent proposed by a seller for a sale-and-leaseback will often be more than the market rent. The 'more' ranges from slightly to substantially.

    Fixed or RPI (CPI) increases are popular...
  16. Rent-free 3 months, 6 months 1 year, 2 years,...

    Rent-free 3 months, 6 months 1 year, 2 years, capital contributions, etc, you can ask whatever you like of a landlord: everything is a matter of agreement and it boils down to whether the landlord...
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    b) £30,000 pa for the first 5 years, £34,000 pa...

    b) £30,000 pa for the first 5 years, £34,000 pa for the next 5 years and £38,000 for the last 5 years.

    Are you sure you could change anything about the proposed lease? I note that failure to agree...
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    A business tenancy (lease) is either inside or...

    A business tenancy (lease) is either inside or outside Landlord and Tenant Act 1954 Part Ii (as amended).

    If outside (in which case the lease would contain a clause excluding s24-28) then the...
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    Your question is too general/broad to be...

    Your question is too general/broad to be answered.
    It would help if you would say what type of commercial property you are looking for and how much money you want to spend.

    To give you an idea...
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    "There is no Bills of Exchange Act 1982 and...

    "There is no Bills of Exchange Act 1982 and section 69 of the 1882 Act is about something else."

    Apologies: the snag with quoting from third-party articles is that information may not stand up to...
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    Your contribution of a few tricky points is very...

    Your contribution of a few tricky points is very interesting, thank you.

    The only case-law I've been able to find re Christmas Day payment is per Commercial Union Life Assurance Co Ltd v Label Ink...
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    The (usual) quarter days are 25 December, 25...

    The (usual) quarter days are 25 December, 25 March, 24 June and 29 September.

    The definition of 'payment' is receipt of cleared funds.

    The method of payment would determine how long before...
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    "As you say, upwards/downwards reviews are pretty...

    "As you say, upwards/downwards reviews are pretty rare; in my career I never drafted, approved or saw one. "

    Uncommon yes, but in my experience not that rare. I've dealt with three such reviews...
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    I suggest reading the lease. Interest on...

    I suggest reading the lease. Interest on overpayment would only be payable by the landlord if the lease so provides. If not then no interest would be payable.

    As for refund again the...
  25. In a mixed-user building, the commercial tenant...

    In a mixed-user building, the commercial tenant may or may not have to contribute to the the landlord's costs for repairing/maintaining the common structure. It all depends upon what was agreed...
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