If you are a tenant or landlord of commercial premises, you will need to make some decisions when the term of the lease ends. If the lease enjoys the protection of Part II of the Landlord and Tenant Act 1954, it will not automatically come to an end at the expiration of the fixed term. Following service of legal notices, a commercial tenant may have the right to apply to the Court for a new tenancy. This raises numerous questions:
As the landlord:
What if I do not want the tenant to have a new tenancy?
Can I oppose the tenant’s application as I want to start my own business from the premises?
Will the tenant always have statutory protection or can these provisions be contracted out?
What rent will be paid whilst Court proceedings continue?
As the tenant:
What steps should I take to renew the lease?
Will I need to issue an application to the Court straight away?
Will the new lease be on the same terms as before?
What rent should I pay my Landlord whilst I make the application?
Can the Landlord oppose my application and on what grounds?
Will I get any compensation if I am forced to vacate the premises?
These are the sorts of questions the Property Litigation Department will be able to help you with.
