Recent content by rach88

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    Assignment of tenancy / mortgage

    There is nothing to stop you using a leasehold as security for a mortgage, unless it is prohibited in the lease. After all, the owner of a long-leasehold flat secures their mortgage against a leasehold interest. The word you would typically need to look out for in the lease is "charge" - a...
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    Property Lease Advice

    You say that a few years ago they renewed the lease until 2030 - so that is more than 7 years?
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    Property Lease Advice

    1. A landlord cannot register a lease. It is the tenant's responsibility to register. 2. Was he in occupation of the property at the time of the sale? In which case (I believe) his interest in the land, in so far as it relates to land of which he is in actual occupation, is an overriding...
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    EICR - Commercial Lease

    This is not entirely correct. The Landlord and Tenant Act 1985 (nb spelling) only applies to residential property. If you look at the statute, section 8 relates to implied terms for fitness for human habitation. These implied terms apply only for letting of "a house". Occupier's liability - the...
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    Leasehold query - lease being sold on

    I suspect that your landlord didn't give the proper Section 5A notice, aka the right of first refusal. There is a legal obligation on landlords to serve the notice to purchase the freehold on leaseholders before they sell on the open market...
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    Right of Renewal

    The landlord can serve a s25 notice to bring the lease to an end in 6 months' time. If a new lease has not been agreed or a court application made by the date specified in the s25 notice, the lease will come to an end and you would need to leave. But yes, you absolutely should get proper advice...
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    Right of Renewal

    If a commercial lease benefits from the protection of part II of the Landlord and Tenant Act 1954, and the tenant stays in occupation beyond the lease expiry, but no notices have been served, the lease will be automatically continued on the same terms under s24 of the Act. It is a bit like the...
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    Lease Extension

    No. The landlord does not have to respond. At the end of the term you would have the same rights as any other commercial tenant - that is, not many. If the lease is not contracted out of the Landlord and Tenant Act 1954 then you would have a right to renew but crucially any renewal would be at...
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    Lease Extension

    As it is a commercial lease, you have no statutory right to a lease extension.
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    Business rates on my shed workshop

    It will just be the shed that they assess, assuming you're still using the rest of the house 'wholly or mainly' as living accommodation and not for your business. The house will stay in council tax. If the rateable value of the shed is under £12,000 (which I'm sure it will be!), and you don't...
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    Business rates

    You can look up the rateable value of the property here https://www.gov.uk/correct-your-business-rates The amount you pay is calculated by multiplying the rateable value by the multiplier which for 2019/20 is 0.491 for properties with a rateable value of under £51,000. There is a scheme to...
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    Business Rates

    I feel the need to defend your planner! Planning and business rates consultancy are two very separate areas of expertise. A chartered surveyor who specialises in planning is not going to be able to give advice on business rates. It would be like asking a solicitor who specialises in criminal law...
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    Business rates zoning question for 1st floor retail

    First floor retail space is rated at 10% of Zone A. See the valuation scale 'Zoned Shops - Using 3 Zones Plus Remainder' here https://www.gov.uk/government/publications/valuation-scales-2017
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    Small Business Rate Relief, Two Sites

    The two businesses have to be separate legal entities. If you are keeping the businesses in the same limited company, with just different trading names, that won't be enough to claim SBRR. So if you want to be able to claim SBRR you really need to set up a second limited company for the second...
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    charging more than agreed for rent

    So you pay rent annually? One instalment, once per year? Then I think you may be right, but it comes down to what was agreed between you and the council employee when you discussed the increase. Once your fixed term lease expired it's likely that what arose to replace it was, by implication, an...
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