A tenant occupying premises for the purpose of its business is granted certain statutory rights to protect its business interest in the property. Most importantly is its right to a new lease following the contractual expiry of its existing lease. Unless the tenancy falls into one of the limited exclusions or the tenant agrees to exclude this right before completing its existing lease, a landlord is bound to grant a further lease of the same premises unless it can prove that one of the statutory defences applies.
At the expiry of the contractual lease term a landlord and tenant will need to decide whether they both agree to the tenant being granted a new lease and, if so, on what terms or if the landlord does not wish to grant a new lease it must prove that it meets one of the statutory grounds to refuse the grant of a new lease. Ultimately if there is no agreement, the matter will be referred to the Court to decide.
The law provides strict statutory procedures, forms and timetables which if not adhered to can result in tenants losing their right to remain in their business premises or landlords losing their right to reclaim their premises at the end of the term.
In the present market, new issues are coming to light when renewing a lease and the ability to seek a flexible or short term lease and the means of analysing the current comparable rental evidence (or lack of it) are currently interesting issues open to challenge by both parties.
The solicitors at SA Law have a wealth of experience in dealing with such claims for both landlords and tenants.
For Landlords
A landlord’s business is to maximise its interest in its property portfolio. This means ensuring that it has the right tenants paying the best market rents at the right times and allowing for flexibility and forward planning for development and sale. Ensuring that it deals with lease renewals effectively and to maximise its investment is key.
At SA Law we provide clear and concise advise to meet the landlord’s strategic goals for its property portfolio at an early stage through to the conclusion of court proceedings where necessary.
For Tenants
Your place of business is likely to be key to your business and to ensure that you enjoy continued occupation on the best terms you will need to make the most of your statutory rights. Early advice prior to the end of your lease is essential.
The Property Litigation team at SA Law will ensure that your right to remain in your business premises is protected and any new lease is achieved on the best terms.
Contact Us
For further information on how SA Law can help you or to discuss a particular matter or situation in more detail, please contact the Head of Property Litigation and Partner of SA Law; Lynsey Newman on 01727 798096 or by email at lynsey.newman@salaw.com.