In the current economic climate we are experiencing an increase in the numbers of enquiries from landlords and tenants concerning the problems that have arisen when a lease has come to an end.
Tenants need to be aware that special rules apply on the termination of a tenancy that has the protection of the Landlord & Tenant Act 1954. A tenant that is not properly advised may well find that it receives an unexpected bill for additional rent of premises that have been vacated.
Where a tenant would like to renew a tenancy protected by the Landlord & Tenant Act 1954 there are pitfalls. Both landlords and tenants should consider the options available to them at least a year before the lease is due to end so that they can be properly advised.
Landlords need to be proactive to make sure that they end the landlord and tenant relationship with a view to recovering possession of the let property in good condition and re-letting the premises without delay.
For tenants whose leases are not protected by the Landlord & Tenant Act the issues are much clearer – either cease trading and deliver the property up in good order before the lease is due to end or be prepared for some unwelcome bills.
How do I know if my lease is protected by the Landlord & Tenant Act? Your lease will contain a paragraph along the following lines:-
“The parties to this lease hereby agree that the provisions of Sections 24 -28 of the Landlord & Tenant Act 1954 shall be excluded in relation to the tenancy”.
For further advice and assistance please contact a member of our Landlord and Tenant Team:-
Glenda Ferneyhough - glenda.ferneyhough@pickworths.co.uk
Belinda Walkinshaw - belinda.walkinshaw@pickworths.co.uk
Elaine Wong - elaine.wong@pickworths.co.uk
September 2008 |
