Landlord refuses to communicate re new lease

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    Landlord refuses to communicate re new lease

    Hi sorry this is complex re how to uphold my rights as a tennant under the Act

    My lease is under the landlord tenants Act and was due to expire 2 August 2020 the then landlord was issued a section 26 in Jan 2020 pre covid expressing my wish to extend the lease 15 years at existing rent and terms – no section 25 was issued by the landlord objecting to my new/extended lease and in principle they agreed to extend verbally – the paper work requested by me repeatedly to have a solicitor read over the new lease never arrived.

    The then freeholder granted temp extension of the lease purportedly whilst negotiations continued – a further extension was granted – and then the landlord sold the freehold – both the existing freeholder and new freeholder granted a further extension to 3 Nov 2021 this is the 3rd extension.
    Aug to Feb – Feb to May – May to Nov I believe

    Existing landlord from April 30 2021 – has refused to acknowledge the Calder Bank offer and the completed appendix to the covid commercial rent guidance I completed and sent to him – and has not communicated with me on any lease matters since the interim period between exchange of contracts and completion of his purchase April 30 2021 – the existing landlord has a charge on the property since that time – which probably means he has borrowed the money to make the purchase and wishes to make a profit on the interest he has agreed to with his lender – I have the land registry docs – it does not say what the charge is for £ it only says what he paid for the building

    It has now become clear after contradictory professional information paid for and given to me since early 2020
    I cannot make court application and go through to the end of a court case to settle my lease rent matter due to impecuniosity, that prevents me taking that risk and time - it seems there is no other route of legal resolution open to me to exercise my rights.

    And if I do make 2 applications to the court ( I can inform the freeholder of the applications for interim rent and rent re new lease) and can withdraw at the 4 month point when the application must be served officially to the freeholder – however if I withdraw the applications then 3 months later I lose my lease and my rights

    My lease and rights will just lapse at 3 Nov end of temp lease if I do not get a further extension – and it seems the landlord does not have to extend that temp lease – thereby blocking any rights I have and any security and placing me in an irresolvable position

    I am currently waiting for both surveyors to meet end of Sep and their findings brings me to Oct all too quickly – the temp lease runs out 3 Nov so it seems I must request another temp lease extension now – however this still does not solve the problem of getting the landlord to the table or being able to exercise my rights that seem to be worth nothing

    I am 66 and live above my business for 19 years and also wish to sell my lease that I do not have and is being witheld from me for more than 2 years now any advice would be appreciated


    #2
    I also have a lease which has expired, my landlord appointed a firm of Chartered Surveyors to manage their lettings and sent me a letter saying I was due for a Rent Review, That was 4 years ago, heard nothing. I believe that as they know I would appoint a Chartered Surveyor to argue the rent they cant be bothered as what they will be able to increase the rent by will not cover what the rent would go up by,
    I do believe that you can apply to some sort of Tribunal by serving a Section 26 ??

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      #3
      I already served a sec 26 Jan 2020 to the previous freeholder who also sat on my lease renewal and then sold the freehold - the new landlord will not discuss his surveyor just says he wants amost double rent - my surveyor has not made a strong evaluation for me even though the 2 best comparables close to me one with new lease the other twice my size and both are paying substantially less rent per sq ft I am now forced to take a court appliction as my temp lease extension ends 3 Nov I cannot afford the time or money in court case so maybe forced to walk away after 19 years with nothing and no home as I live above - no arbitration as landlord has to agree he is just squeezing me out and any rights I am told I have I cannot afford to exercise

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        #4
        Interesting op for a Monday morning. (I suggest ignore Piffy's comment, (with respect, irrelevant, P's circumstances differ and there is one of two things P could do to force the pace if P wants the review resolved.)

        You gave s26 notice requesting the renewal lease to begin on (date). The landlord not serving counter-notice to oppose does not in itself mean that the landlord would have to agree to your request. Request proposals are for compliance with the procedure. However, as you say, the landlord agreed to your terms (I'd prefer not to use ''extend' as it has a different meaning, in the context of a lease renewal as i shall explain.) but a draft lease was not forthcoming.

        I assume you or your solicitor or surveyor requested extension to the s26 end date: it is for the tenant to request, not for the landlord to suggest. However, if in your case the landlord suggested and your solicitor or surveyor concurred, your adviser was simply protecting your interests.

        The purpose of the extension (which must be in writing and before the end date in the notice) is to avoid the tenant and landlord having to incur costs unnecessarily (and to relieve pressure on the court). Normally the procedure for granting the extension mentions negotiations progressing even if they are not. That is merely to show willing should the matter go to court and the court wants to know why the extension was granted.

        Any number of extensions to the notice end date can be granted. An extension does not however prevent either the tenant or the landlord issuing the court claim so really you didn't have to go along with it and wait.

        The landlord having sold, the new landlord (the same applied to the previous landlord) doesn't have to take any notice of the Calderbank. A Calderbank on renewal is irrelevant unless the matter actually goes to court. Your solicitor should advice but It would be better I would think for a Part 36 offer as that has more oomph, From what has transpired and what you say i. would think a Part 36 offer would now be a waste of money (just as much. unbeknown to you at the time, was the Calderbank).

        The new landlord doesn't have to communicate with you between exchange of contracts and completion of his purchase. During that period a tenant is in limbo as the seller landlord cannot do anything involving the lease without the buyer landlord's approval.

        A tenant can make its (court) claim for renewal rights but does not have to serve for up to 4 months from date of claim. However, the landlord can force service which if the tenant still does not serve would result in the tenant's application being struck out. The advantage in not serving is that if you decide after making the claim to discontinue proceedings you should not have to pay the landlord's costs.

        Application for interim rent is a separate application for the renewal rights application but is generally combined with the mater. In any event, interim rent application would involve going to court which you say you cannot afford.

        As you are holding over following expiry of the contractual term if you want to terminate then you have to give 3 months notice.


        "I am 66 and live above my business for 19 years and also wish to sell my lease that I do not have and is being witheld from me for more than 2 years…"

        Wishing to sell your lease is to capitalise on its value, but why should the landlord want you to capitalise when it is obvious, at least to me (and probably to you too), that. the landlord wants you out.

        The existing (new) landlord's charge on the property is immaterial for your purposes and your trying to find a way out of the situation in which you are in when the obvious route is to.make your court claim through to the bitter end. The landlord isn't 'blocking' your rights. You are 'self-blocking'.

        Although a "qualifying tenancy" within the meaning of LTA54 has renewal rights, such rights are not automatic: they have to be claimed. LTA54 procedure involves going to court - unless the landlord is amenable to extension(s) to the end date in the notice until such time as the renewal terms are agreed and the renewal lease completed: not applicable in your case.

        The difficulty for tenants who do not want to go to court because they cannot afford it is that because court proceedings is the only way to.protect renewal rights the only alternative is either to continue to obtain extensions to the notice end date (if the landlord agreed, a landlord doesn't have to and cannot be criticised for refusing) or not renew.









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