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sitting tennant

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samnath | 17:32 Sat 11th Mar 2006 | Business & Finance
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we have used a garage for 12yrs, land owner now selling this land,can we be evicted?
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What does your tenancy agreement say? There's preesumably a clause about notice either way.
Business tenants have the protection of the Landlord & Tenant Act 1954. To get a tenant out the landlord has to give formal notice, but the tenant is entitled to serve a colunter notice requiring that a new tenancey is granted to him, and then to apply to the court for such a tenancy. The landlord can not object merely because he wants to sell the site, but there are a limited number of grounds that can be used. The tenant can also start the ball rolling by serving a notice requiring the landlord to grant a new tenancy, I suggest that you get good legal advice now
But is it a business tenancy, or just a garage where you keep your own car? If the latter, the situation depends on what - if anything - was agreed when you started using the garage, and whether you are paying any rent. You may be a tenant with some protection, or may be a licensee who can be evicted on reasonable notice.
you can be evicted so long as he has given you notice. As he is the land owner it is his right to sell it. There could be other factors involved if he is selling through personal choice or if he has been ordered to sell his assets to clear business debts?
Jason - Notice has to be given in accordance with the terms of the tenancy agreement (if there is one) - and tenancies can be verbal as well as written. There are various areas of law that can over-ride the landlord's notice or make it ineffective - Didwot has mentioned one; another is that a non-business tenancy may be for a fixed term and the landlord can then only obtain possession early if the tenant has breached a term of the agreement. It is quite possible for a tenancy to be such that the landlord cannot evict the tenant and would have to sell subject to the tenancy.

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