Property Disputes Q&A – Part 3

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Q. I have a lease of a warehouse. The landlord is saying that he wants to get me and out so that he can redevelop the estate. Can he?

A. Your landlord cannot force you to move out during the fixed term of your lease without an express clause in your lease allowing him to do so. If the fixed term has expired then, unless you agreed to exclude them when you took your lease, as a commercial tenant you have rights to remain in the property under the Landlord and Tenant Act 1954, even though the fixed term of your lease is over. Assuming you have not breached the conditions of your lease, your landlord can only terminate it and get you out if he can establish one of the grounds contained in the 1954 Act. One such ground is redevelopment. If your landlord says he wants to get you out so that he can redevelop the estate then you should consider two important points. Firstly, your landlord must genuinely intend to redevelop the estate (and be able to prove it). He cannot just say that he wants to. Secondly, if you leave so your landlord can redevelop then he may have to pay you compensation.

Do you have a question relating to property disputes that you would like answered in a future blog? Let us know.

For specific advice on Property Disputes, please contact John Wagstaffe.

Please note the contents of this blog are given for information only and must not be relied upon. Legal advice should always be sought in relation to specific circumstances.