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  • FIRST POST
    • johnb80
    • By johnb80 9th Jul 18, 5:49 PM
    • 50Posts
    • 26Thanks
    johnb80
    Shop Premises
    • #1
    • 9th Jul 18, 5:49 PM
    Shop Premises 9th Jul 18 at 5:49 PM
    Hi,
    I couldnt find an appropriate section for business rentals but I wonder if I could have your thoughts on this situation.

    We have rented a shop from our local council for the last 8 years, this year a property has taken over the lease from the council and although he says he wants us to stay hes more than doubling the rent (600 to 1250) in one go and theyre not going to do any changes to justify the increase. Our lease has run out do we have any grounds on our side or do we just pack up and leave? Im not sure of any legal rights we have, if we do leave how much notice would he have to give us and should we expect any compensation from them?

    I accept totally it's their bat and ball and they maybe can do whatever they please.

    Thanks in advance.

    J
Page 1
    • Slithery
    • By Slithery 9th Jul 18, 5:59 PM
    • 824 Posts
    • 1,298 Thanks
    Slithery
    • #2
    • 9th Jul 18, 5:59 PM
    • #2
    • 9th Jul 18, 5:59 PM
    You need to pay for proper legal advice. Unlike residential tenancies there are no statuary laws that govern this kind of thing. Commercial tenancies are governed entirely by what is written in your tenancy agreement.
    • anselld
    • By anselld 9th Jul 18, 7:08 PM
    • 5,872 Posts
    • 5,590 Thanks
    anselld
    • #3
    • 9th Jul 18, 7:08 PM
    • #3
    • 9th Jul 18, 7:08 PM
    Options will depend it the tenancy is excluded form the Landlord and Tenant Act 1954. By default this gives security of tenure to the tenant however the contract can exclude this is if done properly.

    If L&T 1954 remains in force then the rent review is a negotiation and if it cannot be agreed it can be taken to Court to decide. The L would need to justify the increase based on market rents for similar property in the local area.

    https://www.penningtons.co.uk/news-publications/archive-news/2012/a-guide-to-the-landlord-and-tenant-act-1954/
    • daveyjp
    • By daveyjp 9th Jul 18, 8:14 PM
    • 7,655 Posts
    • 6,218 Thanks
    daveyjp
    • #4
    • 9th Jul 18, 8:14 PM
    • #4
    • 9th Jul 18, 8:14 PM
    This is a business to business transaction. The landlord will know the game, you probably don't.

    It will pay you to take advice from a professional surveyor which will review all documents and advise accordingly.

    As an example. Mate of mine had been in a property for 10 years on a 25 year lease. The rent had been 1 a year as he had paid to have it done up. Rent review came and he was told it would be 50k a year.

    It was obvious the landlords surveyor hadn't read the lease, the licence for works or any other documents, he was doing his job and trying to get the most for his landlord with minimal effort.

    Friend employed a surveyor who did read all the documentation and under the terms of the documentation the rent was agreed at a far more reasonable 8k a year.
    • johnb80
    • By johnb80 10th Jul 18, 6:00 AM
    • 50 Posts
    • 26 Thanks
    johnb80
    • #5
    • 10th Jul 18, 6:00 AM
    • #5
    • 10th Jul 18, 6:00 AM
    Thank you everyone, your advice appreciated.
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