Urgent advice needed on security of tenure

  • Filter
  • Time
  • Show
Clear All
new posts

    Urgent advice needed on security of tenure

    I am renting an office unit and need advice regarding security of tenure and the option of applying to court to renew a tenancy. The situation is as follows:

    I signed a 1 year lease for the unit which had a clause excluding security of tenure. This came up on 1st Oct but unfortunately at that point for various reasons I was unable to commit for another period. Instead the landlord suggested a new agreement with one weeks notice. The understanding was that the landlord could re-advertise the unit but if my position changed then I could re-sign for another year. A week later with incredibly bad timing I found myself in the position to re-sign a new tenancy however the landlord refused to renew and has served the one week notice.

    I am wondering if there is a way to seek to renew or at least extend the tenancy. The wording of the short term agreement is brief and as follows:

    Agreement to Short Term Use of Unit 4
    Following the termination of your lease as of 1st Oct 2019 this new agreement provides no security of tenure beyond a seven day notice period given in writing for you to vacate the unit. The following charges will be collected by direct debit on the 15th of each month: Monthly Rent and Service Charges XXXX

    Does this constitute a tenancy? If so I am wondering if it is technically incorrect and could be turned to my advantage in order to continue the rental. Firstly there may be an implied monthly periodic tenancy. In this case, would the specified one week notice become invalid?

    I am wondering if my waiving of the right to security of tenure is also void as the correct procedures were not followed, 14 days notice was not given etc. (Apparently a solicitors signature and a specified format may be required?). In this case, would this new tenancy be considered a continuation of the previous tenancy and/or would it benefit from security of tenure allowing me to apply for a renewal?

    We are due to leave the unit tomorrow so time is very short to make a decision

    Thanks for your help

Latest Activity


  • non payment of rent
    by k brown
    Hi all I have a commercial tenant refusing to pay rent he is approaching 3 months arrears he is actually still trading with stock in shop and admitted hes going to continue not paying .can I have bailiffs sieze/ list goods in Liu of rent during this covid period or has the law changed ?
    03-07-2020, 10:04 AM
  • Reply to non payment of rent
    by k brown
    ps I must add on his tenancy which is a 12 month minimum term with a 1 month notice which can be given by either side after the initial 12 month .. also he did give me verbal notice in February but has not moved out after receiving the 10k from the gov but did reconfirm in april he would bemoving...
    04-07-2020, 08:27 AM
  • Reply to non payment of rent
    by k brown
    marine aquatic so fish tanks expensive commercial filtration system and usual pumps and accessories for retail...
    04-07-2020, 08:20 AM
  • Covid rent strike
    by superstardeejay
    We have a commercial tenant who stopped paying the rent in February. He says since his business is not earning a profit due to lockdown, he does not have to pay the rent, can't pay the rent and won't pay the rent. He says he is legally entitled to do this because the government have banned landlords...
    19-06-2020, 07:30 AM
  • Reply to Covid rent strike
    by Jon66
    Answering my own question, it's because it's quite expensive with no guarantee of recovering anything. Unless you know they own something of value. Like a house, in which case they probably wouldn't be renting, but might be useful in very limited circumstances.
    03-07-2020, 23:37 PM
  • Commercial tenant 4 months in arrears. Can I evict him?
    by leonman1
    I have a commercial tenant who owes us 4 months of rent. At one point he told me he was applying for a government grant so required a document from me stating his contract was taken out PRIOR to Covid.

    His shop has been closed for about 2 months but he has opened now. He tends to ignore...
    01-07-2020, 14:37 PM
  • Reply to Commercial tenant 4 months in arrears. Can I evict him?
    by Huntsman
    There is a moratorium on forfeiture until September. If the tenant is in arrears of 189 days worth of rent you may use CRAR to seek to recover your arrears. My advice would be to not take it personal, most landlords are not collecting rent, and that includes myself....
    03-07-2020, 21:47 PM
  • Reply to non payment of rent
    by Huntsman
    No. At one point during lock down this remedy was available if the there was 90 days rent outstanding. I advised my client to do so, and enforcement agents attended and we were able to recover the full quarters rent. The government has recently amended this so that CRAR is unavailable unless there is...
    03-07-2020, 21:42 PM
  • Reply to Covid rent strike
    by Jon66
    Yes I second issuing a statutory demand, focusses their mind. I don't know why we don't all do it when we have rent arrears over 750. Anybody know?
    02-07-2020, 10:55 AM
  • Reply to Covid rent strike
    by Logical.Lean
    Is he a sole trader or a LTD company.

    if a sole trader you may find it more fun to push through a bankruptcy order.

    if LTD you can apply for a winding up order.

    it might not get the rent arrears paid, it might not get him evicted (that might be a separate action),...
    02-07-2020, 07:48 AM