Feakes & Co Solicitors
Monmouthshire NP16 5UH
Tel: 01291 639280
Fax: 01291 606076
Most commercial tenants are protected by the Landlord and Tenant Act 1954, and so have security of tenure on their lease. This means that as landlord you cannot simply re-enter the premises and repossess the property at the end of the term.
How To End The Lease
To end a commercial lease, you must provide the tenant with written notice at least six months before the intended termination date. The notice should say if you are open to the creation of a new tenancy. If you oppose a new tenancy because, for instance, you want to redevelop the premises or use them yourself, this should be stated in the notice.
The tenant is able to end the lease by vacating the property at the end of the term, or alternatively serving their own notice at least three months prior to the date on which they intend to leave.
Tenant’s Application For A New Lease
If the landlord has served a termination notice, but the tenant wishes to stay in the property, they must apply to court for a new lease. The landlord can object on various grounds, such as the the tenant having allowed the property to fall into a state of disrepair, or is consistently late with paying the rent.
The court will consider the arguments of the landlord and tenant, and decide whether a new lease should be granted.
Forfeiture Of The Lease
If the tenant has breached the terms of the lease, in some cases the landlord may be able to forfeit the lease. However, the lease must specifically give the landlord the right to do so if a particular breach occurs. Dependant upon the reasons for forfeiture, the landlord may be required to serve a formal notice of intended forfeiture on the tenant. This will give them an opportunity to correct any breaches.
If the breaches are not corrected, or the breach concerns rent arrears alone, the landlord could forfeit the lease by re-entering the property (and changing the locks). The lease will then have come to an end. However, re-entry of the property does carry risks, and landlords will usually apply to the court for a possession order.
It is important to take advice about a particular set of circumstances. Call us today to discuss your situation and how we can help.
Make A Free Enquiry
All initial enquiries are completely free of charge. Call us now on 01291 639280, email email@example.com, or complete our Free Online Enquiry for a free no-obligation discussion, and let us explain your legal rights and options.
Stay Up To Date - Sign Up For Our Email Newsletter