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Sep, 2014

Tuesday

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  1. #1

    Default Tenant - Notice to Quit Commercial Property

    Please could someone advise if any notice is required to be given to a landlord of a commercial property if there is no lease in place.

    The lease ran out years ago and has never been renewed. The property is a very small shop.

    I am writing a letter giving 6 weeks notice but the landlord has said he needs at least 2 months. I am not sure if he can do this considering there is no existing lease in place.

  2. #2
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    Landlord and Tenant Act 1954 requires you to serve 3 months notice.
    The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the salient facts BSc (Hons)

  3. #3
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    Quote Originally Posted by MrJohnnyB View Post
    Landlord and Tenant Act 1954 requires you to serve 3 months notice.
    ...expiring on a quarter day.

  4. #4
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    Quote Originally Posted by Lawcruncher View Post
    ...expiring on a quarter day.
    That was correct until a few years ago when regulatory reform altered this and made it a straight 3 months... Going from memory it was The regulatory reform (business tenancies) (england and wales) 2003.. But I could be mistaken.

  5. #5
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    Quote Originally Posted by MrJohnnyB View Post
    That was correct until a few years ago when regulatory reform altered this and made it a straight 3 months... Going from memory it was The regulatory reform (business tenancies) (england and wales) 2003.. But I could be mistaken.
    I thought that was the case and went to check The Regulatory Reform (Business Tenancies) (England and Wales) Order 2003. I did not find it and thought I was wrong. However I have looked again and have now found it and you are quite right.

    (I have written to the National Archives requesting an update of the Landlord and Tenant Act 1954 to show the changes made by the Order.)

  6. #6
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    Quote Originally Posted by Lawcruncher View Post
    (I have written to the National Archives requesting an update of the Landlord and Tenant Act 1954 to show the changes made by the Order.)
    I have had a reply:

    Thank you for your email regarding the Landlord and Tenant Act 1954.

    The current position in general is that the primary legislation on legislation.gov.uk has so far been revised with the effects of legislation enacted up to 2002 (with the exception of some 2002 effects that were not yet in force at the end of that year). Work on applying the effects of legislation enacted in the years 2003 to 2011 is in progress.

    The work involved in incorporating amendments and other effects into legislation is complex and time-consuming and the volume of effects has increased steadily over recent years. It has been clear for some time that a purely in-house solution to the challenge of bringing the revised legislation fully up to date is not going to be possible in the foreseeable future in view of the limited resources available to us. We are therefore currently implementing a new strategy to bring all of the revised legislation fully up to date (see our frequently asked questions for more information: http://www.legislation.gov.uk/help#aboutRevDate2 ). There is also a press release about it on The National Archives website (http://www.nationalarchives.gov.uk/d...ss-release.pdf ) The strategy involves developing new editorial tools which will help make the update task much faster and we are working with volunteer external expert participants from the legal publishing industry, government departments and the devolved administrations (including the Welsh Government) who are willing to work collaboratively with us towards the common goal of a comprehensive and up-to-date official source of revised legislation

    Until such time as the revised legislation has been brought fully up to date, you can at least find out what amendments have yet to be applied, and details of commencement orders, using the ‘Changes to Legislation’ facility, either in the general search facility http://www.legislation.gov.uk/change...ed/all/1954/56) or in the pink boxes that appear at the top of the page when the Act is opened at the level of individual provisions (for example: http://www.legislation.gov.uk/ukpga/Eliz2/2-3/56/part/I).

    I hope this information has been of some assistance.

  7. #7
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    LTA54 as amended requires 3 months notice in writing. (No requirement to end on a quarter day.) You don't have to remain in occupation for the full period, you can vacate whenever you like, the only proviso is that you will have to pay the rent for the full 3 months, also continue to be liable for the other terms and conditions per the expired lease. It could pay you to leave sooner than later, because of the saving on business rates.

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