Contested lease renewals can be a highly specialised area both legally and for building surveyors with dilapidations and project management expertise.
Under the Landlord and Tenant Act 1954, there are numerous grounds on which a landlord may oppose a request for a new lease by a tenant. These are:
Failure to repair
Building surveyors will be required to evaluate the physical condition of the property, detailing remedies and costs, with the focus being on significant breaches of covenant.
Demolition and reconstruction
A landlord may oppose an application for a new tenancy on the basis, “that on the termination of the current tenancy the landlord intends to demolish or reconstruct the premises comprised in the holding or a substantial part of those premises or to carry out substantial work on construction on the holding or part thereof and [they] could not reasonably do so without having obtained possession of the holding”.
To ensure the landlord meets the above criteria a building survey will need to prepare an expert report.
Should you have any queries with regard to lease renewals, please do not hesitate to contact our experienced team on 01323 700100.
Hunt Commercial are an independent general practice surveying firm in Sussex with over 50 years' experience specialising in the commercial property agency and building surveying. We provide professional, in-depth, quality advice to developers, investors, landlords and tenants.
The commercial property agency team offer shops, offices, industrial units and investments for sale or to let in Eastbourne, Polegate, Hailsham and all major towns in East Sussex.
Our building surveying team offers a wide range of commercial property services. We specialise in Schedules of Dilapidation and Condition, building surveys, insurance claims, reinstatement valuations, project management, planning applications including change of use and building regulations.