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Nov, 2014

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Thread: rent dispute

  1. #1

    Default rent dispute

    I have asked the tenant of a small cafe I own for a rent increase
    as there has been no increase for 9 years.However she has consulted
    a solicitor and states she wants the rent actually to be less in the first year of the new lease which incidentally expired on 9/12/11.She also wants
    a new 6 year lease instead of 3years.I have put forward my proposals for
    rent increases over 3 years,but her solicitor is threatening to take it to court.Can I give her notice to quit and I suppose alternatively I can
    put the property up for sale. Any ideas on this?

  2. #2
    Join Date
    Jun 2008
    Location
    Andalucía
    Posts
    9,804

    Default

    If the tenancy is not "contracted out" then the tenant has the protection of the Landlord and Tenant Act 1954. You can only get possession on limited grounds. If you cannot agree new terms you will need to serve a section 25 notice. Best to consult a surveyor to advise if a rent increase can be justified and, if it is, to start the procedure.

    The tenancy will be contracted out if there is a statement in the lease to the effect that the Act does not apply and (according to when the tenancy started) a court order was obtained or a notice procedure followed.

  3. #3

    Default

    thanks for that info lawcruncher.i will look into how to serve a S.25 notice and what it means.

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