Landlord And Tenants Act 1954 Security Of Tenure

[auzzie]

If you signed a lease without the knowledge of this act and nothing stated in the lease, does the lease become null and void?

[Old_Geezer]

Whilst I have no legal expertise it has always been my understanding that ignorance of the law doesn't change it being applied.

[Peter Pedant]

Someone really has a lease from 60 y ago ?

This is a very specialised area, and my understanding ( actually nil and I am not a lawyer ) is that the rent is fixed at peanuts, ( like £2 a week ), and you cant get them out AND they may be able to pass it on to heirs.

and agree Geezer.

Clearly the tenant has an advantage (ha!) if it is a 1954 lease,
so it is absolutely vital to get ( ie pay for ) proper advice.


second thoughts - it is obvious that the lease is NOT null and void....
otherwise everyone could annul leases at will by saying O but I didnt know this or that, the deal is off.

[themas]

That Act relates to commercial (i.e. business) leases - not residential ones.

As PP says, it is a complex area & legal advice is needed - from a solicitor experienced in commercial leases. The lease is obviously not null & void but it may be that the Act does not apply to it - you just don't know without getting advice.

[auzzie]

Thank you for all your responses. It was just something we needed to know to add to all the other problems we are having with our landlord/lease. Yes it is for commercial premises. We think the landlord is going bankrupt/in liquidation, (he is no stranger to to closing businesses down looking at his past history) we have had debt collectors at the door for bills he hasn't paid. We have no idea where we stand, he won't deny nor confirm whats going on and said he "can't" release us from the lease. We want to be sure that we are in a strong position before appointing a solicitor because, as you know, the only one that gains, is the solicitor. Funds will just not allow at the moment. If the bank forecloses on the business premises, where does that leave us and our business?

[atalanta]

As I advise, so often, please consult the citizens advice bureau

[themas]

"If the bank forecloses on the business premises, where does that leave us and our business?"

I think it leaves you with a new landlord, who may or may not want to go on running the business. A liquidator or receiver would almost certainly be appointed who should negotiate with you. However, a lot depends on the terms of your lease & what legislation applies to it. You really do need legal advice unless you adopt a wait & see approach.