SECTION 25 and compensation I NEED HELP PLEASE

Discussion in 'Legal' started by timeforchange, Apr 6, 2011.

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  1. timeforchange

    timeforchange UKBF Newcomer Free Member

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    Hi everyone,
    I hope someone can help me.
    I have a 5 year commercial lease from 2002 - INSIDE the landlord and tenant act - which "officially" ended in 2007.
    The landlord served a s25 renewing the lease.
    Due to postal issues at my shop I only saw the S25 after the 6 months were up.
    I contacted the landlord and they said that as I had not responded, they changed their minds and did not want to renew my lease as they were applying for planning permission to knock down the bulding.

    they said i would be on a "month by month" rolling lease.

    I did get legal advise but the lawyer said i had "missed the boat" and there was nothing i could do.

    THAT WAS 4 years ago!!!! and I AM STILL IN MY ShOP!!!! I AM PAYING THE OLD RENT .

    I never did get a new lease, and NOW the landlords have spend the past year telling me their lawyers say I need to have a new 5 year lease as the "situation is messy" - and this will be outside the landlord and tenant act, and with a 3 month break clause in it!.... which isnt a proper lease at all!

    They told me that if I dont accept their offer their lawyers will have to take me to court to get me out of the unit, and that they would win and it would cost me court costs.

    NOW a year later they are also saying they will offer me a few thousand ££££ as a good will gesture for me to leave immeidately.... as in next week!" YIKES!

    I am actually ready to walk away, and I am very confused as to what rights I actually DO HAVE, and if I should be getting MORE MONEY!

    If I am entitled to more money then I dont want to be made a fool of!

    I now have read the landlord and tenant act, and from what I understand i DO have rights.... probably more than the landlords would like me to think!

    the landlord is pushing for me to sign papers and move out NEXT MONDAY - SO I NEED VERY IMMEDIATE HELP....

    The papers they gave me is a SURRENDER OF THE LEASE, so it seems there IS A LEASE, even though I didnt officially get a new one in 2007.

    THE FOLLOWING IS HOW I UNDERSTAND IT: please tell me if i am right -AND IF THERE ARE ANY LAWYERS OUT THERE WHO WOULD ACT ON MY BEHALF AND GET ME A BETTER SETTLEMENT.

    The Section 25 Notice is used to inform the tenant either of proposed terms for a new lease or to oppose renewal. This notice must be served not more than 12 and not less than 6 months before the landlord wants the present tenancy to end which will be after the expiry date of the existing lease.

    IN MY CASE THE LANDLORD DID SERVE AN S25 OFFERING ME A NEW LEASE!

    Where the tenant does not respond to the notice the tenancy will continue on the proposed new terms...
    Tenants do not have to respond to proposing or opposing notices but they would be wise to seek expert advice in both cases and meet any deadlines set-out in the notices, otherwise they could find themselves accepting the consequences by default.

    Once a valid Section 25 Notice has been served the landlord cannot subsequently amend or withdraw it.

    THIS IS EXACTLY WHAT SHOULD HAVE HAPPENDED.... but when I asked the landlord for the new lease, they said they changed their mind!

    I understand they want the unit back so they can do their building work, BUT I WANT THE RIGHT AMOUNT OF COMPENSATION!!!

    PLEASE GET IN TOUCH ASAP TO ADVISE ME ON THIS

    THANK YOU
    SHOSHY
     
    Posted: Apr 6, 2011 By: timeforchange Member since: Apr 6, 2011
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  2. deniser

    deniser UKBF Legend Free Member

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    Go and see a local solicitor and ask him to negotiate on your behalf. There are a lot of tactical considerations here so you need to tread carefully.

    You are entitled to stay put until you agree to surrender or you are told to go by a court. If the landlord has genuine development plans then the court will give possession to the landlord and you will only be entitled to limited compensation based on rateable value. However, the landlord has to serve at least 6 months notice and you serve counter notices etc. and then there are expensive court proceedings so if you can agree a quick exit for proper compensation now then that is in your interests as well as theirs assuming you want to go which I understand you do.
     
    Last edited: Apr 7, 2011
    Posted: Apr 7, 2011 By: deniser Member since: Jun 3, 2008
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  3. Chessy

    Chessy UKBF Newcomer Free Member

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    As I understand it normally even though the Section 25 notice had expired, once the Landlord accepts any payment after that date he is unwittingly creating a new informal lease that is INSIDE the Landlord & tenant act, and will have to serve a new S25 notice.
    In other words he has to start again and give you 6 months notice but you can apply for a new lease to the court.

    You will need legal advice but the law is very much on your side in these circumstances.
     
    Posted: Apr 7, 2011 By: Chessy Member since: Apr 15, 2010
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  4. timeforchange

    timeforchange UKBF Newcomer Free Member

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    thank you.

    Is there a lawyer reading this who would help?

    The property is in north london. I just want someone to chat with me, then come to a meeting with the landlord monday or tuesday if appropriate.

    PM me a phone number or I can PM you mine.

    thank you
    S
     
    Posted: Apr 7, 2011 By: timeforchange Member since: Apr 6, 2011
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