Anyway around a 35 year lease

Z

zappa

Guest
Is it possible to prevent a commercial tenant of ten years from getting a 35 year lease?
After the previous lease expired the landlord continued to collect rent. The tenant has asked for a 35 year lease but the landlord does not want to keep renting the premises.
Any tips
 
Of course but Im hoping to some reading on the area before consulting one.
 
The new laws passed last year are of major benefit both to landlords and tenants. In these times I would find it extremely strange that a landlord would not try and accommodate or work out a procedure with a good tenant. You need to speak with a solicitor who is up to speed with Commercial property law.
 
I have an article on my website on this very subject-entitlements to new leases.
But the tenant has what is called 'Business Equity' and it is described in statute as if a 'tenement was,during the whole period of 5 years.....continuously in the occupation.......and bona fide used wholly or partly for the purpose of carrying on a business'

So your only hope is if he was not in continuous occupation or not carrying on a business.
However if the tenancy was terminated for non payment of rent he loses his equity.
Also he is not entitled if you intend to pull down the building to reconstruct or to carry out a scheme of development and a few other limited exceptions.
However he would then be entitled to Compensation for disturbance and/or Improvements equity.
You need to consult a solr. and give him the facts.In the meantime the short answer on the facts you have outlined is that he is entitled to a new lease and he can choose the length of term for the new tenancy provided it is from 5 to 20 years.
 
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