Lease expired

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    Lease expired

    We own an industrial unit occupied by tenants paying monthly rent under the terms of a nine year lease that expired four years ago. We need the premises ourselves and I understand we can apply to obtain vacant possession as we need the premises ourselves to run our property business from. We need to find a firm of good solicitors that specialise in this area of law to help us. The property is in north east London but it doesn't really matter where the solicitors are based I guess. I would also like to know if we can increase the rent without renewing the lease.

    #2
    If the existing nine years lease contains rent reviews then depending upon the wording of the review interval/frequency then it may be possible to review the rent without renewing the lease.

    If you've owned the property for at least 5 years then under LTA54 s30(1)(g) you could oppose renewal - "subject as hereinafter provided, that on the termination of the current tenancy the landlord intends to occupy the holding for the purposes, or partly for the purposes, of a business to be carried on by him therein, or as his residence." There is plenty of case law on the interpretation of (g).

    With (g) statutory compensation - s.37(2) would be payable, either one or two times Rateable Value depending upon how long the tenancy has been in continuous occupation. Section 37(3) provides for higher rate compensation (two times RV) where the following conditions apply: (a) that, during the whole of the 14 years immediately preceding the termination of the current tenancy, premises being or comprised in the holding have been occupied for the purpose of a business carried on by the occupier or for those and other purposes; (b) that if during those 14 years there was a change in the occupier of the premises the new occupier succeeded also to the business of the predecessor.


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