Business lease auto renewal

[James Patrick Moore]

We currently have over 2 months left on our existing 6 month lease which was set up at the time with an auto renewal. There is no mention on the existing lease of at what point the lease will auto renew.

An auto renewal was sent to us stating that we have renewed into a new contract that starts on the 1st of May.

We have to give 2 months notice on the existing lease if we wish to vacate the premises. We have done this and we believed this would mean we would leave the building on the 30th of April when the existing lease ends.

We have been advised that as the lease has auto renewed start date 1st May 2019 we have to give notice on this lease and cannot leave the offices until July.

Is this correct.

Thanks in advance.

James

 

[kulture]

It all depends on what is says on the lease. It is impossible to say anything without looking at the full text and seeing the correspondence between both parties. Your best bet is to see a solicitor, and failing that asking them to justify the date and see what they say.

 

[ComPropSolicitor]

Out of interest what date was your Notice served? and, what method of service did you use? Just trying to establish if you have served the Notice correctly or not. Although, really, I would need to have sight of the Lease it will at least provide us with a better idea.

 

[James Patrick Moore]

Notice was servers verbally and then in writing on the 24th of Feb.
This is from he current lease is more information required. Excuse the caps I have copied and pasted

AUTOMATIC RENEWAL: THIS AGREEMENT LASTS FOR THE PERIOD STATED IN IT AND THEN WILL BE EXTENDED AUTOMATICALLY FOR SUCCESSIVE PERIODS EQUAL TO THE CURRENT TERM BUT NO LESS THAN 3 MONTHS (UNLESS LEGAL RENEWAL TERM LIMITS APPLY) UNTIL TERMINATED BY THE CLIENT OR BY THE PROVIDER PERSUANT TO SECTION 1.4. ALL PERIODS SHALL RUN TO THE LAST DAY OF THE MONTH IN WHICH THEY WOULD OTHERWISE EXPIRE. THE FEES ON ANY RENEWAL WILL BE AT THE THEN PREVAILING MARKET RATE. THIS CLAUSE DOES NOT APPLY TO MONTH TO MONTH AGREEMENTS. 1.4 CANCELLATION: EITHER THE PROVIDER OR THE CLIENT CAN TERMINATE THIS AGREEMENT AT THE END DATE STATED IN IT, OR AT THE END OF ANY EXTENSION OR RENEWAL PERIOD, BY GIVING AT LEAST THREE MONTHS WRITTEN NOTICE TO THE OTHER. HOWEVER, IF THIS AGREEMENT, EXTENSION OR RENEWAL IS FOR THREE MONTHS OR LESS AND EITHER THE PROVIDER OR THE CLIENT WISHES TO TERMINATE IT, THE NOTICE PERIOD IS TWO MONTHS IF THIS AGREEMENT, EXTENSION OR RENEWAL IS FOR TWO MONTHS OR LESS, NOTICE MUST BE GIVEN WITHIN ONE WEEK OF THE START DATE OF THE CURRENT TERM.IF THE CLIENT IS ON A MONTH TO MONTH AGREEMENT EITHER PARTY MAY TERMINATE THIS AGREEMENT BY GIVING NO LESS THAN ONE MONTHS’ NOTICE TO THE OTHER (EFFECTIVE FROM THE START OF ANY CALENDAR MONTH).

The

Jim

 

[STDFR33]

Automatic renewal: this agreement lasts for the period stated in it and then will be extended automatically for successive periods equal to the current term but no less than 3 months (unless legal renewal term limits apply) until terminated by the client or by the provider persuant to section 1.4. All periods shall run to the last day of the month in which they would otherwise expire.


The fees on any renewal will be at the then prevailing market rate. This clause does not apply to month to month agreements. 1.4 cancellation: either the provider or the client can terminate this agreement at the end date stated in it, or at the end of any extension or renewal period, by giving at least three months written notice to the other.


However, if this agreement, extension or renewal is for three months or less and either the provider or the client wishes to terminate it, the notice period is two months if this agreement, extension or renewal is for two months or less, notice must be given within one week of the start date of the current term. If the client is on a month to month agreement either party may terminate this agreement by giving no less than one months’ notice to the other (effective from the start of any calendar month).

 

[ComPropSolicitor]

Long and short of this is that you need a full repairing and insuring Lease and to have or have had the advice regarding the same prior to completing it.