Landlord & Tenant
LANDLORD & TENANT – NORTHAMPTON SOLICITORS
We are experts in the following:
- Leasehold enfranchisement
- Landlord & tenant disputes
- Ground rent and service charge recovery
- Property Possession claims
- Commercial lease renewals (Landlord and Tenant Act 1954)
- Assignment (transfers) of leases
- Sub-leases
- Service charge issues
- Forfeiture
- landlords licences whether for consent to assignment, undeletting, change of use or alterations
We act for landlords and tenants on sale and purchases of lease extentions and freehold titles. This ranges from simple transactions and resolving disputes over the tenant’s entitlement to buy.
We act for Landlords that own large property portfolios and have a dedicated team that specialise in looking after large portfolios and the problems associated with such numbers of properties.
We also specialise in advising both landlords and tenants about their legal rights and responsibilities under a commercial lease under the Landlord and Tenant Act 1954.
Security of Tenure will apply if there is a tenancy in a property and the activity carried on in the premises by the tenant is of a business nature. If the definition is satisfied then under S24 of the LTA the tenant can apply for a new lease under the same terms as before.
A key issue that often arises between landlords and tenants is whether tenants benefit from security of tenure if the duration of the lease is 6 months or more. If there is an option to renew after the six month period for more than 6 months (12 months altogether) then the lease will be granted protection under the Act.
As a tenant, security of tenure applications must be made in some form of writing and sent to the landlord not less than 6 or more than 12 months before the commencement date of the lease.
We are able to advise landlords on how to contract out of the Landlord and Tenant Act 1954 meaning that the lease will not be automatically renewable after the tenant’s lease has technically expired. A landlord is able to contract out of the Act meaning security of tenure will not apply. When trying to contract out a certain procedure must be followed otherwise the attempted exclusion will be void.
If the landlord sends the tenant a s25 notice terminating the tenancy before the tenant applies for a new tenancy this is another way that the landlord can contract out of the Landlord and Tenant Act 1954 renewal process.
If you are a tenant or landlord with a commercial lease or sale query in Northampton, you should consider seeking advice from an experienced solicitor so your commercial aims are fulfilled. If you are a landlord who wants to enhance your property portfolio please also contact us