Eviction
Landlord and tenant
We are experts in the following:
- Leasehold enfranchisement
- Landlord litigation
- Ground rent and service charge recovery
- Possession claims
- Drafting Commercial leases (Landlord and Tenant Act 1954)
- We also act for landlords and tenants on sale and purchases of leasehold titles, granting lease extensions and claiming forfeiture.
We act for Landlords that own large property portfolios and have a dedicated team that handles large complex portfolios. We can assist in making sure all rents and sums due to you under the lease are paid and by using sophisticated software we have help recover in the past year, thousands of pounds worth of arrears.
We also specialise in advising both landlords and tenants about their legal rights and responsibilities under a commercial lease under the Landlord and Tenant Act 1954.
Security of Tenure will apply if there is a tenancy, occupancy by the tenant in the specific property and the activity carried on the premises by the tenant is of a business nature. If the definition is satisfied then under S24 of the LTA the tenant can apply for a new lease under the same terms as before.
A key issue that often arises between landlords and tenants is whether tenants benefit from security of tenure if the duration of the lease is 6 months or more. If there is an option to renew after the six month period for more than 6 months (12 months altogether) then the lease will be granted protection under the Act.
As a tenant, security of tenure applications must be made in some form of writing and sent to the landlord not less than 6 or more than 12 months before the commencement date of the lease.
We are able to advise landlords on how to contract out of the Landlord and Tenant Act 1954 meaning that the lease will not be automatically renewable after the tenant’s lease has technically expired. A landlord is able to contract out of the Act meaning security of tenure will not apply. When trying to contract out a certain procedure must be followed otherwise the attempted exclusion will be void.
If the landlord sends the tenant a s25 notice terminating the tenancy before the tenant applies for a new tenancy this is another way that the landlord can contract out of the Landlord and Tenant Act 1954 renewal process.
If you are a tenant or landlord with a commercial lease issue or query then please contact us now.