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