At Monarch Solicitors, our accredited property solicitors can assist in commercial property matters regarding freehold and leasehold commercial property sales and lease extensions.
We also provide commercial property management litigation matters such as landlord and tenant disputes, debt recovery, and service charge disputes.
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Yes. Subject to satisfying certain criteria, business tenants have a statutory right under the Landlord and Tenant Act 1954 to extend the contractual term of their lease. At the end of the lease, the tenant can ask the landlord for a new lease. The landlord has some limited grounds to resist the tenant’s request (the most common being that the landlord needs the property for its own occupation or wants to redevelop it). Even then compensation may be payable to the tenant.
The first part of the process of renewing a commercial lease is a landlord’s notice. However, the notice must indicate whether the landlord will oppose renewal, and if the landlord does object to renewal, the notice must provide one of the reasons laid down by the Act.
Simply because the landlord may not like the tenant is not a ground for opposing renewal. There are a limited number of statutory grounds, but the two most common grounds are:
- redevelopment of the premises
- the landlord requiring the premises for the purposes of its own business
There are other grounds, e.g. non-payment of rent during the term, breach of covenant (to repair) etc., but these are rarer than the two grounds first mentioned, which are by far the two most considered by landlords, tenants, and commercial property lawyers.
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