Unreasonable Landlord?

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    Unreasonable Landlord?

    MY friend has had her hairdresser shop for 42 years. Her landlord has just sold the property and has given her 4 weeks to vacate.

    She cant remember when her lease was last renewed, she stays there with an oral agreement with her landlord.

    What makes things complicated is the landlord has told her she has to pay 3 months rent before the sale
    as she has to vacate end of July. Is this correct?

    My friend is retiring and she told the landlord she was planning to retire in April, but without a firm date. Landlord is saying she hasn't given 3 months notice to leave the premises, she says she has as she informed him in july. And now he has given her 4 weeks to vacate!!!!

    I think landlord is taking the mickey. But can someone help.please??.if my message makes sense!!

    thank.you

    #2
    What does it say in the last tenancy agreement about notice?

    Was she served a notice before the tenancy excluding ss of the 1954 Landlord and tenant act?

    Comment


      #3
      Hi
      she doesnt have a tenancy agreement, she has a lease from 40+ years ago which has never been renewed


      No she hasn't been served a notice

      Comment


        #4
        The landlord must give at least 6 months' notice in the proper form.

        Your friend's "notice" is invalid as it did not specify a firm date. It is also invalid if not given in writing. She can give notice now to terminate next April. That will not of course stop the landlord from serving 6 months' notice.

        Comment


          #5
          Originally posted by Lawcruncher View Post
          The landlord must give at least 6 months' notice in the proper form.

          Your friend's "notice" is invalid as it did not specify a firm date. It is also invalid if not given in writing. She can give notice now to terminate next April. That will not of course stop the landlord from serving 6 months' notice.
          How much rent is she liable to pay? The property has been sold and the new owners of the property move in in 4 weeks and want her out by then? Please

          Comment


            #6
            She pays the same rent. The new owners may want her out but they cannot get her out without following the correct procedure. Either they serve notice or they pay her to leave.

            Comment


              #7
              Yes, unreasonable (AND possibly an ignorant) landlord.

              Fyi I am not a lawyer but I am fairly confident that if your friend has been in possession of the property for 42 years, she will have acquired a business tenancy within the security provisions of Part II Landlord and Tenant Act 1954 (whether express or implied, depending on whether she had a formal agreement at the outset).

              As Lawcruncher says, the landlord will therefore need to serve the proper notice and go through the formal procedures. Likewise, your friend should have served formal notice. Sounds like neither of them have taken legal advice. Perhaps time for your friend to consult a solicitor experienced in commercial property and as appropriate agree a horse deal with terms which work for them both.

              Comment


                #8
                Originally posted by Namaste View Post
                Fyi I am not a lawyer but I am fairly confident that if your friend has been in possession of the property for 42 years, she will have acquired a business tenancy within the security provisions of Part II Landlord and Tenant Act 1954 (whether express or implied, depending on whether she had a formal agreement at the outset).
                In this case I think you can be more than fairly confident.

                Originally posted by Namaste View Post
                Likewise, your friend should have served formal notice. Sounds like neither of them have taken legal advice. Perhaps time for your friend to consult a solicitor experienced in commercial property and as appropriate agree a horse deal with terms which work for them both.
                Bearing in mind that that the earliest the landlord can end the tenancy is 6 months from when he gets round to serving his notice and that the tenant wants to retire in April, the tenant will need to consider whether it is worth employing a lawyer. Since only three months' notice is required the best policy is not to do anything until the New Year so as not to encourage any counter action. If the landlord does get round to serving proper notice the tenant can decide whether to call it a day and stop trading when the notice expires.

                For the record, I should add that if the tenant wants to sell the business as a going concern she can contest the landlord's notice if there are grounds to do so and/or serve her own notice requesting a new tenancy.

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