Hedley

Registered with Property118.com
Saturday 14th July 2018


Latest Comments

Total Number of Property118 Comments: 28

Hedley

11:04 AM, 2nd March 2021
About 2 months ago

Upgrade of an occupied house and moving tenants around?

Geoff. If, as it appears from your initial question you are a managing agent, I suggest you brush up your CPD and make sure you have professional indemnity insurance in place.... Read More

Hedley

10:24 AM, 15th February 2021
About 3 months ago

Compensation for commercial tenant of more than 14 years?

I think you will find that the tenant is entitled to compensation. Protection is given under Part II of the Landlord & Tenant Act 1954 and the protection is given to a tenant as follows:

Occupation or the carrying on of a business—
(a)by a company in which the tenant has a controlling interest; or
(b)where the tenant is a company, by a person with a controlling interest in the company,shall be treated for the purposes of this section as equivalent to occupation or, as the case may be, the carrying on of a business by the tenant.

The tenant is entitled to a renewal of the lease unless you are able to prove, to the satisfaction of a court, that you have a genuine intention to use the premises yourself. It would be sensible for you to use a professional (solicitor or chartered surveyor) to serve the appropriate notices.... Read More

Hedley

16:20 PM, 1st January 2021
About 4 months ago

NDR - Council is wrong?

You do not give enough information. Are you the occupying tenant or the owner occupier of the shop and carrying out a business? If so you should be entitled to relief.
If however you are the owner and it is empty (or has been empty in the periods you mention) it will be subject to empty rates and will therefore not qualify for small business rate relief.
If you are unable to speak to someone in the rating department , take professional advice (Rating Surveyor) probably from a Chartered Surveyor. Don't however ignore the demand.... Read More

Hedley

17:57 PM, 21st November 2020
About 6 months ago

Commercial property - EPC clarity required?

You have started me off on this. If the current lease has not excluded the Act then my original comments are OK, you can let the lease hold over until you want to renegotiate a new lease and you have to serve a section 25 notice.
If however the lease has excluded the Act and you want the tenancy to continue you may again leave matters as they are BUT and this is a big but, if you want the premises back you must not demand rent for any period after the expiry date, or you may have created a new protected lease.
Again, I stress, this can be a minefield - you need professional advice.... Read More

Hedley

17:42 PM, 21st November 2020
About 6 months ago

Commercial property - EPC clarity required?

I take your point if the lease has excluded the act. The default position is that the Act applies.
The main point is to instruct either a solicitor or chartered surveyor, either of which will read the lease in full before giving advice. The benefit of using a surveyor is that advice will be given on the rental value and general terms of any renewal lease. A solicitor will, of course, be used, if a new lease is to be granted, to draw up the document.... Read More