Help/advice with 1954 tenancy act

[chewit7]

Hi Folks

Previous commerical landlord put a secure tenancy in place something to do with 1954 act
But there is now a new landlord and on his new lease he doesnt want this
Any help

 

[kulture]

Go see a solicitor and pay for professional advice. Commercial property law is complicated and details matter. Whatever you do, do not agree to anything or sign anything before you see your chosen solicitor.

If you are a tenant under the 1954 act you have a lot more options than those who are not.

 

[KM-Tiger]

But there is now a new landlord and on his new lease he doesnt want this

Well the new landlord wouldn't want you to have rights under the 1954 act as it gives you security of tenure. The new landlord will be hoping that you will sign that away.

As said, you must involve a solicitor in this. If you don't know one, ask your local commercial estate agents. They will know who the good solicitors are.

 

[chewit7]

Hi
Yes im not signing as you sign away your rights when the new lease finishes they can throw you out without going through the court
Trouble is i reckon its going to cost £1000+ just for this

 

[MBE2017]

Take legal advice asap, your Landlord can potentially serve notice and have the lease changed within a couple of weeks, but it has to be done correctly. Not my area of expertise, but that’s why you consult with a good lawyer.

 

[kulture]

When does your current lease expire?

 

[chewit7]

Hi
Well previous landlord but a protected lease in place and now have sold lease was like on going so kind of dont have a lease

Advisor is saying that with have a protected lease in place new landlord is just trying to bypass it with the new lease and get you to sign away your protected status

 

[WaveJumper]

As above how long left on the lease, its an important detail

 

[chewit7]

Hi
Well lease was 3 years with previous but he just kept it going after so techinally there isnt any time on it
But new lease with new landlord not signed

 

[kulture]

This is why you need a solicitor. The old lease is still in force as an ongoing lease. It is still under the Landlords and Tennant Act, which means that you are entitled to a new lease under the same terms more or less. You NEED a solicitor to ensure thatthis happens. You NEED to make sure that ANY new lease does not commit you to new liabilities. you NEED to get proper legal advice before a new landlord tramples all over you.

 

[chewit7]

This is why you need a solicitor. The old lease is still in force as an ongoing lease. It is still under the Landlords and Tennant Act, which means that you are entitled to a new lease under the same terms more or less. You NEED a solicitor to ensure thatthis happens. You NEED to make sure that ANY new lease does not commit you to new liabilities. you NEED to get proper legal advice before a new landlord tramples all over you.

Hi
any idea as seems to be £1000+ and its only a 7000 a year lease if you get what i mean

Sounds rude but is a lot of money

 

[Newchodge]

Hi
any idea as seems to be £1000+ and its only a 7000 a year lease if you get what i mean

Sounds rude but is a lot of money

Losing all your current rights under the lease that you have is a hell of a lot more money.

 

[IanSuth]

Have a look at what you would be paying elsewhere for similar or what those protected rights are worth to you where you are - willing to bet a multiple of that £1000

 

[WaveJumper]

This is why you need a solicitor. The old lease is still in force as an ongoing lease. It is still under the Landlords and Tennant Act, which means that you are entitled to a new lease under the same terms more or less. You NEED a solicitor to ensure thatthis happens. You NEED to make sure that ANY new lease does not commit you to new liabilities. you NEED to get proper legal advice before a new landlord tramples all over you.

Follow @kulture advice .........

You will not know what other liabilities you are going to get stuck with under a new lease and as many who come to this forum when its to late find that if they had spent something on proper legal advice in the first place they wouldn't be facing a future nightmare which unfortunately is so often the case.

Shop around and try for a better quote but make sure they understand commercial leases.

 

[kulture]

£1,000 does seem a bit high for a simple lease. You should probably get a lower quote. That said, even £1,000 is a bargain compared to the risks you run with an unscrupulous landlord.

Not that I am suggesting that your particular landlord is unscrupulous, but you have to consider the likelihood.

You could be asked to sign a Full repairing lease. You could be required to return the property to a better condition than it currently is. You could have a lease with a rent review clause that has no limit and find the rent doubled or more. You could find that the insurance bill is excessive. You could discover a service charge added. There are a whole host of traps and pitfalls that a landlord could add to a new lease.

A good solicitor would fix this. A good solicitor would give you peace of mind. And potentially save you far more money than they cost.

 

[fisicx]

£1000 on a 7 year lease is 40p/day. Not expensive. And tax deductible so will end up even cheaper.

 

[KM-Tiger]

Not that I am suggesting that your particular landlord is unscrupulous, but you have to consider the likelihood.

It was a few years back, but an ex-solicitor on here described the world of commercial leases as "shark infested waters".

You must assume that the sharks are out to get you and your best defence is a good solicitor.