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Landlord and Tenant Act in Simple Terms

Landlord and Tenant Act in Simple Terms

lock_open In Plain English

The Landlord and Tenant Act is most obvious when it comes to security of tenure for business leases. What this means in real terms requires you to think about your new business.

Imagine you have just started a new business as a hair dressers or beauty salon. The first 6 months or so are hard as you build up your client base, by month 7 you are breaking even..by month 15 you are making a nice living and by month 36 you are actually starting to enjoy owning your own business... then, you get to month 48 of your 4 year lease and your Landlord comes along... takes one look at your thriving business and decides he wants a piece of it...

If your lease is included within the Landlord and Tenant Act then getting you out is actually quite difficult - that is, as your lease ends, you would have an automatic right to renew on similar or identical terms. Hurrah!!!

That said, if your lease is excluded from the Landlord and Tenant Act, an unscrupolous landlord could insist on putting your rent up when the new lease started, or threaten you to end your lease (and they could) meaning that you lose all the good work you put in, in establishing the business in the first place.

As a hard and fast rule, if your business is location dependant and could build up 'good-will' from it's location, then having the lease 'included' within the act is essential.

If however, your business is not (e.g. there is little customer interaction in person) then it may not matter so much and you may choose to negotiate the lease in other ways (e.g. you may agree for the lease to be outside of the Act, in return for a break right at year 2....).

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If you are not sure, and simply want a guide, feel free to with your questions and he will try to help. Please do however note that we will not assist people who have already instructed another Solicitor.

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You can also ring 0844 412 5857 and ask for Laura Wilson, one of the directors of Conveyancing Expert, who will happily assist.

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