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Landlord and Tenant Act Exclusion - New Lease - Should I sign it?

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  • Landlord and Tenant Act Exclusion - New Lease - Should I sign it?

    Background.,....

    My family have held the lease for a small parcel of land from the council for well over 60 years.
    The lease has been renewed over and over again in 5 or 7 year blocks.
    We run a small family run ice cream shop - It's not a mega earner, but it keeps our family going and food on the table, and of course is seasonal and weather dependent.

    The area in which the parcel of land is situated has been "dog eared" for development.

    I have been offered a new lease, however it will come with the exclusion of the protection afforded by the Landlord and Tenant Act.... ie... they can evict us with little notice and without any compensation.

    The lease expired back in October 2022. They have been pushing me to sign the new one. But obviously have said no up until last night....

    When I receive and email at 8.30pm from the "head for licencing" for our area stating that if the new lease is not signed by the close of play (4pm) tomorrow (now today) he will instruct the council enforcement team to ensure that we do not carry out any trading over the bank holiday weekend and that the locks will be changed.

    I emailed the HOL back almost straight away last night asking under what grounds he would be enforcing a change of locks, have attempted to call him on his office number and his mobile and have sent him a text message. Surprise Surprise.... he hasn't replied. So here we are at 4pm with no resolve.

    What do I do? I was under the impression that without agreeing to the new lease the council would have to allow us to continue to trade under our old terms and take us to court to agree new terms?
    However it would seem that the HOL believes he can chuck us out without notice.

    At this point any thoughts and advice would be most welcome.

    As I pointed out to the HOL, this ice cream shop is my 4 year old sons future and his pride and joy! Imagine being 4 and having an ice cream shop! There's also the fact that my great great grandad actually built the shop and it has remained in the family ever since.... not to mention the fact we're in a cost of living crisis and like everyone else we are struggling enough as it is, without the loss of our entire business!!!

    HEELLPP

    Lots of Love xx
    Tags: None

  • #2
    Is it the Landlord and Tenant Act 1954 that is being excluded? If so it is your right to renew a business tenancy on expiry of the lease term that you are signing away.

    You really should consult a solicitor.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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