The
rights and obligations will be set out in your lease which is a private
contract between landlord
and tenant. However, where there is a lease of
over 21 years the tenant(s) have various additional
rights under
legislation set out mainly in the Leasehold Reform Housing and Urban
Development Act 1993.
These additional rights include:
-
The
right to a lease extension of 90 years. The landlord must be
compensated for the diminution in the value of his interest.
-
The
right for tenants in certain circumstances to buy the freehold of
their property.
-
The
right to the proper management of their property by the landlord and
the right to information concerning management, and the right under
certain circumstances for tenants to take over the management of
their property.
-
The
right to vary the terms of the lease in the interest of good estate
management.
Where
the landlord and tenant cannot agree on the terms of any variation in
the lease, the matter is referred to the Leasehold Valuation Tribunal.
Tenants
should consider obtaining a lease extension when the lease has less than
70 years remaining. Otherwise the saleability of the lease may be
affected.
BUSINESS
LEASES
REPAIRS
The responsibility for the cost or repairs will be set
out in the lease. In multi-tenanted buildings the
landlord usually carries out the works and recovers the
cost through a service charge or on an ad hoc basis. In
self-contained buildings the tenant usually carries out
the works.
Repairs and decorations may not necessarily need to be
carried on the exact basis set out in the lease. For
example the Repairs Act 1938 gives relief to tenants in
respect of repairs where there is more than 7 years
unexpired. Similarly the lease may require internal
decorations to be carried out on a regular basis but this
will not usually be required until the end of the lease.
RENT REVIEW
It is important for landlords to follow the proper Notice
procedure set out in the lease. Thereafter new rents are
generally agreed by reference to rents paid in comparable
premises. Access to the most information of rents paid
for similar properties will generally help to achieve the
best negotiated settlement. Failure to agree the new rent
will result in the matter being referred to arbitration
on the basis set out in the lease.
LEASE RENEWAL
The landlord & Tenant Acts 1927 & 54 provide
Security of Tenure for tenants. Tenants may usually renew
their leases under these provisions at market value and
discounting the extra value attributable to tenants
improvements. In the cases where landlords are able to
avoid renewing leases compensation is generally
available.
The legislation sets out a complicated procedure which
must be followed by each party in order to preserve their
rights. Such procedure should therefore be planned well
in advance - preferably two years.
The terms of the new lease can be agreed by the parties.
Failing this the legislation sets out the terms of the
new lease and the new rent will be agreed by the Court if
it cannot be agreed between the parties.