I am often asked to advise business tenants in this situation. It would, indeed, be very unfair if say a shop owner or restaurateur who has built up considerable goodwill at premises over many years can be evicted by the landlord at the end of the contractual lease term.
This can, however, happen in certain situations, a few examples of which are set out below:-
1. The lease was validly excluded from the protection of The Landlord and Tenant Act 1954. This would have involved certain formal procedures being followed at the time that the lease was entered into between the parties; or
2. The landlord serves a valid notice under Section 25 Landlord and Tenant Act 1954 proposing a new lease on certain terms but the tenant neither enters into a new lease nor applies to the court for a new lease before expiry of the date of the notice; or
3. The landlord serves a valid notice under Section 25 Landlord and Tenant Act 1954 but states in the notice that he is opposed to the grant of a new lease on one or more specified statutory grounds set out in the 1954 Act and the tenant either fails to apply to the court for a new lease before expiry of the notice or makes an application but the landlord is successful in establishing a ground of opposition at court.
Seeking specialist legal advice at an early stage in this type of situation is essential if the tenant is to have any chance of either resolving the situation to his or her satisfaction or at least securing a managed exit.
Kumer Ali MA (Oxon)
Property and Commercial Litigation Director
Email: kumer.ali@catteralls.co.uk
Telephone: 01924 965531
Whilst we hope you will find the above helpful please note that it is not intended to be a substitute for tailor made advice specific to your situation and should not therefore be relied on as such.
Our highly skilled team of specialist solicitors have been established in the City of Wakefield for over 100 years.
