Lease Agreement

[Simon.R]

Hopefully someone can offer some advice please.

I have been renting a small industrial unit for around 10 years, the previous landlord sold the units around 5 years ago.

I am on a month by month contract (although i don't actually have a written contract)

The new letting agent is asking me to sign a 3 year lease, i am not happy with this lease and due to the current climate i really don't want to commit myself.

I have emailed the agent and expressed my concern but they have failed to reply.

My question is: where do i stand if i don't sign this lease agreement, can they ask me to leave and if so how much notice would they need to give me?

I am a good tenant and have never missed a payment.

Any advice would be gratefully received
Thanks
Simon

 

[MOIC]

Did you have an agreement/lease from the previous landlord?

If so, the terms of that agreement should still apply, until either party notifies the other of a change.

If you're unsure, get legal advice.

 

[Simon.R]

Did you have an agreement/lease from the previous landlord?

If so, the terms of that agreement should still apply, until either party notifies the other of a change.

If you're unsure, get legal advice.

Thanks for the reply, you have nudged my memory, we did have a 1 year contract with the current letting agent which expired a few years ago, i will dig it out

 

[MOIC]

Unless there are any specific details to the contrary, that contract should continue.

Is there any mention of 'The Landlord & Tenant Act 1954' within the contract?

 

[Simon.R]

Unless there are any specific details to the contrary, that contract should continue.

Is there any mention of 'The Landlord & Tenant Act 1954' within the contract?

i will find it tomorrow and let you know.
Thanks

 

[MOIC]

In any event, if you've been offered a new contract, get advice from a professional.

 

[Simon.R]

Unless there are any specific details to the contrary, that contract should continue.

Is there any mention of 'The Landlord & Tenant Act 1954' within the contract?

I have been and found it, the w is no mention of the 1954 act

 

[Simon.R]

In any event, if you've been offered a new contract, get advice from a professional.

i won't be signing it, my main concern is can they kick us out if we don't?

 

[MOIC]

I'm sure they are within their rights to offer you a new contract on new terms, which are relevant to current market conditions.

If you're asking if they can 'kick you out' if you have no intention of signing a new contract on any terms, then I would say they have grounds to give notice to terminate your current 'agreement'.

What are you hoping for?

 

[Simon.R]

I'm sure they are within their rights to offer you a new contract on new terms, which are relevant to current market conditions.

If you're asking if they can 'kick you out' if you have no intention of signing a new contract on any terms, then I would say they have grounds to give notice to terminate your current 'agreement'.

What are you hoping for?

i would sign a contract if i was happy with it. We are in the hospitality business, i am hoping to stretch it out until Covid 19 is well and truly over then see where we stand.

 

[fisicx]

We are in the hospitality business, i am hoping to stretch it out until Covid 19 is well and truly over then see where we stand.

Not sure it ever will be over. This one is like the flu, it evolves and changes and there doesn’t appear to be any long term immunity.

On the other hand, it may all go in a couple of years.

 

[Simon.R]

it may all go in a couple of years.

Lets hope so!

 

[fisicx]

Lets hope so!

Either way, hospitality (along with tourism) is going to be affected for a long time.

Our car club had trips to Scotland, France and elsewhere all booked for next year. The whole lot has been cancelled. Christmas dinner for 100+ people has gone as well. Most members are retired and don’t want to take any chances.

 

[SAK2020]

I think a lot will hinge on whether you has an agreement/lease from the previous landlord. But I agree with a lot of the comments above that if you're unsure you should seek legal advice.

 

[Michael Loveridge]

I've only just seen this thread, as the only time I look at UKBF is a Friday, when I receive their weekly email.

I could practically have a full-time job on this forum, as this question seems to crop up every week!

You are a business tenant, and therefore have the protection offered by the Landlord and Tenant Act 1954. To answer your question, no, the landlord can't just kick you out if you refuse to sign the new lease. From what you say your current lease is simply a continuation of the original one year lease you were given, and in order to bring it to an end the landlord needs to serve you with a `section 25 notice', giving you between 6 and 12 months to terminate the lease.

However, you have a legal right to a new lease, and the landlord can't just impose terms on you - they have to be fair and reasonable. If you can't agree then either of you can apply to the court, who will decide what terms should be in the new lease.

But as I always end up saying, you should take proper, professional advice before deciding what to do.