Tenancy Ended Abruptly

by Readers Question

15:43 PM, 29th August 2014
About 4 years ago

Tenancy Ended Abruptly

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Tenancy Ended Abruptly

We moved into an office within an office block about 4 years ago at the height of the recession. When we moved into the office we were told to occupy a smaller office until the one meant for us was ready. When our office was ready we moved in and when we asked for a lease, the agent was always very busy and we never got one. Tenancy Ended Abruptly

I went away on holiday and upon my return, I received an email form the letting agent that certain allegations were made against us and was therefore giving us two weeks notice to quit the office block.

The allegations were made by the guys managing the office block who have tried to sell the landlord stuff to us in the past, this we declined and have since not been on good terms with them.

My question is that is a two weeks notice period in line with office block laws even though we don’t have any existing contract?

Finding another office in two weeks is a task we are now faced with.

Thanks

Gabriel



Comments

Tony Lilleystone

18:51 PM, 29th August 2014
About 4 years ago

I do suggest that you get urgent legal advice from a solicitor who deals with commercial leases and property disputes.
However assuming that you are occupying the office for business purposes then on the face of it I think you have a business tenancy which is likely to be protected under the Landlord & Tenant Act 1954.
It is possible for tenancies to be contracted out of the 1954 Act but if you say the letting agent never let you have any form of lease then it is unlikely they will have gone through the contracting-out procedures.
Assuming that you have the protection of the Act your Lease cannot normally be terminated unless the Landlord has served at least six months notice to quit upon you, in a form expressly prescribed by law (and definitely not by email!). Furthermore the 1954 Act gives protected tenants rights to renew the lease when it is terminated.
The landlord might be trying to claim that you are in breach of the terms of your tenancy.
They might also argue that the 1954 Act does not apply because you only have a licence to occupy or a tenancy at will.
You will need proper advice on all these points, and hopefully solicitors will be able to confirm that you have got a good case and the landlords' so-called notice is a nonsense.
In the meantime don't be browbeaten by the landlords. Tell them you have no intention of leaving and are taking legal advice.
Good luck!

Tony Lilleystone

19:08 PM, 29th August 2014
About 4 years ago

I should add that my comments only apply if the office is in England or Wales. The 1954 does not apply in Scotland and I have no idea what the law is north of the border.

Gabriel Moronfolu

9:13 AM, 30th August 2014
About 4 years ago

Reply to the comment left by "Tony Lilleystone" at "29/08/2014 - 18:51":

Are there any recommended commercial property lawyers on this forum?
I must also mention that in the past we have found favor with this letting agent & the rent we currently pay is not high & the guys looking after the building have been asking the agent to Increase & he refused.

I feel a bit guilty having to go down the route of getting a lawyer to put this guy in check but finding an office to move into in 2 weeks is a task;
Also staying in a place you are not welcome is not what I fancy at all.

Mark Alexander

9:40 AM, 30th August 2014
About 4 years ago

Reply to the comment left by "Gabriel Moronfolu" at "30/08/2014 - 09:13":

Hi Gabriel

An initial 15 minute consultation with Mark Smith (Barrister-At-Law) is free for Property118 members - see >>> http://www.property118.com/member/?id=1945

Mark Also has a specialist Property Barrister in his chambers if that level of advice is deemed necessary, see >>> http://www.cotswoldbarristers.co.uk/staff/charles-king/
.


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