Lease extension – Situation Hopeless?Make Text Bigger
I am a landlady of the residential property as well as a tenant of commercial one and got into trouble with our landlord. My partner and I running a small dry cleaning business from a rented premises. Our lease came to the end in September last year and we made a mistake by not acting before this date.
We both are 60 y.o. and hard working people and it is needless to describe how hard is to run and at the same time physically work in such business. In addition I am a disabled person. In our entire life this is the first and we hope last time when our lease came to the end, so we did not have any previous experience.
However, when our landlord had served us a 25s note we did take an action – we served him section 26 as our respond and rested being assured that we took action. Little we knew that our note is not valid as he served first. In such situation we have lost our protection under the Act 1954 meaning that we are not able to take a legal action against our landlord. We visited few solicitors and were told that our situation is hopeless. Our landlord is happy to grant us a new lease – all 15 years we were a very good tenants, did not cause him any problems, the rent and other bills always were paid on time, but being extremely dishonest and using this situation he demands a rent which is far too high for our area.
I have 2 questions: is our situation completely hopeless /if we would be able to bring this matter to court I am more than positive it would be a very difficult for our landlord as we would disclose how he treated us all those years – in some cases we even have a proof of this?
Another question is – in the worst scenario if we do not come into agreement about the amount of rent what would be the eviction procedure, can he just change the locks and get us out without a court order (in residential letting the landlord is allowed to do so only on court order).
And lastly, getting in such situation we are extremely surprised that the law does not protect honest, hard working people and benefits only landlords.
We have a residential property which we are letting for many years, had different tenants, but never screwed them up, always understood their situations and maybe because of this attitude we were blessed by having mostly good tenants. With many of them we became friends and stay connected even after they moved out.
Thank you for your patience reading through my story and advice.
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