end of lease, how long to close before renewal of lease?

celron

i asked this qusetion on another board and got a number of helpful replies but i hope no one minds if ask again here so that i might get as many opinions as possible.




A family member is the sole owner of a pub. It has been leased out for a 4 year, 9 month period and the lease is almost up. Our solicitor has told us that the pub most close for 1 day before the lease can be renewed to avoid the tenant having squatters rights etc where we would be unable to take the premises back from him. However another solicitor within the same firm has said that the period that the tenant must close is longer than 1 day, she was even suggesting that it might be as long as 1 week. Another problem is that the tenant is saying that he has no intention of closing at all, not even for a day.

Does anyone here have experience with this type of situation or is aware of the law on this regarding how long it's necessary for the tenant to close?

thanks guys

ChinaImports

celron wrote: »

i asked this qusetion on another board and got a number of helpful replies but i hope no one minds if ask again here so that i might get as many opinions as possible.




A family member is the sole owner of a pub. It has been leased out for a 4 year, 9 month period and the lease is almost up. Our solicitor has told us that the pub most close for 1 day before the lease can be renewed to avoid the tenant having squatters rights etc where we would be unable to take the premises back from him. However another solicitor within the same firm has said that the period that the tenant must close is longer than 1 day, she was even suggesting that it might be as long as 1 week. Another problem is that the tenant is saying that he has no intention of closing at all, not even for a day.

Does anyone here have experience with this type of situation or is aware of the law on this regarding how long it's necessary for the tenant to close?

thanks guys

I think you need another solicitor, but the one day sounds right. My understanding of it is that the tenant must fully vacate the premises for it to take effect.

Mickk

I would be very careful of renewing the lease if I was you. The idea of it is that if one person is there longer than 4 year 9 months they have extra rights to basically stay there forever. By giving him another lease, even if its another short lease again he will get them rights if he decides to fight it in court. I have heard of it happening, think about just because he didn't open one day or even one week doesn't mean he wasn't the tenant. Was his personal belongings there, his business assets, did he have keys or any access? Can you prove it in court?

Also by the way you said he is saying he has no intention of closing he comes across as someone who might be inclined to fight you for the rights down the road even if they close now for the day or two.

Harsh as it sounds you might be better saying to him thanks very much for the last few years but we are not renewing the lease and the fact that the pub is up and running you might be able to sell a new lease for a nice bit of money thanks to his hard work...

Woodgate

celron wrote: »

Another problem is that the tenant is saying that he has no intention of closing at all, not even for a day.

It seems strange that he would say that as, If you don't renew the lease he has no choice but to close as he won't legally be entitled to be there.

antoinolachtnai

I think your relative needs written professional legal advice, and fast. All these mights and maybes are no use.

If necessary, he should also seek commercial advice.

It is only fair to put the tenant fully on notice of the situation as quickly as possible.

This will turn into a serious problem if it is not resolved quickly.