Licensee Pending grant of commercial lease

[peetr]

I entered premises on a licence 3 years ago. After 6 months landlord refused rent and wanted a lease signed on a higher rent to be backdated. Whilst negotiating I still reserved the position that I was a tenant because of the circumstances and could insist on the original rent.
After 3 years of this they finally send an invoice and statutory demand for 2 years licence fee when there was no signed licence and I think they lost those I did sign
I know under the 54 Act payment of rent over 6 months creates a protected tenancy. So if I pay the sum am I protected or can they say its only a licence pending grant of a lease as they claim.

If I dont have a tenancy can they insist on the licence fee when I only stayed on the basis that payment would be subject to agreement. I am not at fault over the delay as there were 3 agents and 5 managers who could not agree on anything. Its a large amount to pay without obtaining any rights

In my affidavit to set aside the statutory notice I mentioned the licence and the negotiations that took place and are now using that to back their claim I have no right to stay and have asked me to leave within a month. Looks like they dont have the licence but I never confirmed which licence. I can say I paid rent after the initial one month licence and before negotiations for a lease

I would appreciate advice from any qualified person

[Aequitas]

I think we need rather more detail to sort this one out. Can you explain what happened in date order?

[peetr]

Originally, I had a stall in the indoor market without any licence for over a year so I refused a lease outside 54 Act. As a possibly protected tenant the only way they could get me out was to offer a shop. No mention was made that the rent was only interim level and I genuinly believed that was the final rent. So possibly I can counter claim as the premises was a quid pro quo.
There were licences initially although I know they have lost them because on the SD they cant give an exact date of the licence. Though, I all but admited in my affidavit there was I licence that was lost and I can always claim that was what the agents told me but there are no licences to my knowledge. Their case was that there was a licence for the first six months only and I was a licencee pending a grant of licence.for over 3 years based on six months of licence But as this has dragged on for 3 years because of changes in agents and their slowness to act I can say its unreasonable to ask three years licence fee even if there was a licence because I would not have stayed under a licence for so long but for their slowness to act which was negligent.
I am hoping to argue that if money is owed its only as a common law tenant covered by the 54 Act if not then not at all. If I pay as a licencee I will certainly be evicted straight after. As they dont want to provide a protected tenancy this may force them to back off and come to an arrangement