Urgent advice needed! Taking over unregistered lease

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    Urgent advice needed! Taking over unregistered lease

    yrene22 06-06-2019, 07:10 AM
    Hello
    I am planning to open a restaurant for the first time. In the process of transfering the restaurant lease , my solicitor found out the lease registeration hadn't been done for 15 years lease although the previous tenanats(PT) had it open for over 2years.
    We asked the PT to do the registration now but they rejected becausr it would delay the transfer and will find another tanants. Also asked what if the landlord surrender this lease and issue a new lease so that I can register myself.But the PT and landlord both didn't want because they would lose control and they dodn't need such a hassle.
    The only option is that I take over this property with any risk. I wonder what can be the risk if I take over the restaurant as it is and register the lease as soon as completion myself.
    Can anybody give me some advice? Any experience plz??

    #2
    If the lease was not registered within the required time limit and remains unregistered the tenant cannot make legal title to the lease. There is no way therefore that you should take on the lease until it is registered or a new lease granted. The tenant really has no option but to sort the matter out as no one represented by a competent conveyancer will accept the current situation.

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      #3
      yrene22 07-06-2019, 05:54 AM
      About Urgent advice needed! Taking over unregistered lease

      Thank you for a reply. Do you mean that it is not even possible to take the business? The landlord and current tenant refused to take either option and would find another tenant if we keep asking and delaying the process. Since I want the place so much I decided to take it over with the risk. Although my solicitor doesn't agree with me he doesn't give me clear future-risk it can cause. So I am very confused.

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        #4
        You cannot take it without incurring risk and expense. You must not let yourself be bullied into taking the lease without the position being sorted out. Do not allow your keenness to buy the business let you make a bad decision. You need to call the seller's bluff. He must know that he cannot sell to anyone else.

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