Business Lease + AST

[TheChancellor]

Not sure if this is the correct section but here goes.

 

I have a home & business combined from my LL.

 

The Business Lease is for workshops & the AST for the house.

 

The AST states "This agreement is conditional upon the tenant entering simultaneously into the Business Lease and the two are mutually dependent".

 

As the rent on the lease is overdue can the LL still apply his right of Forfeiture under the Business Lease or will this immediately terminate the AST and deny me my rights under the Housing Act?

[MrShed]

I would be surprised if that line is enforceable....

 

I must admit though, it has me somewhat stumped!!

[TheChancellor]

I would be surprised if that line is enforceable....

 

I must admit though, it has me somewhat stumped!!

 

Would appreciate it if you could have a ponder!

[chris600uk]

The AST states "This agreement is conditional upon the tenant entering simultaneously into the Business Lease and the two are mutually dependent"

 

Well the first part sounds straightforward enough - you can't have the AST unless you take on the Business Lease.

 

But the second part sounds very iffy - and that would have me running for legal advice, because it's so vague.

 

I mean "mutually dependent"; what's that all about?

Was it the writers intention to make sure that giving up the Business Lease terminated the AST?

 

If it is unenforceable, does that make you a sitting tenant? and what if it is enforceable?

 

IMHO you need a specialist lawyer who is up to date with current case law.

 

Sorry to sound so negative - maybe there are some offduty/retired lawyers about who could comment.

[MrShed]

There is no question that under any circumstance you have the protection of statute, therefore the AST does not come to an IMMEDIATE end.

 

I think, having thought about it, that clause ONLY affects the initiation of the tenancy. Affecting any other part of it would override your legal rights, which clearly it cannot do.

[TheChancellor]

There is no question that under any circumstance you have the protection of statute, therefore the AST does not come to an IMMEDIATE end.

 

I think, having thought about it, that clause ONLY affects the initiation of the tenancy. Affecting any other part of it would override your legal rights, which clearly it cannot do.

 

Thanks for your input Chris & Mr S.

 

I can't go into the full details but just trying to fathom out the best route through the current financial climate.

 

The two separate agreements each feature a map & there are items within the business side which I need to move over to the house to prevent them being seized should it come to that.

 

I believe that forfeiture of the business side immediately ends the term of that lease (?) & I may or may not want to stay in the house .Probably not but I need to formulate a (cunning) plan & try and keep ahead of the game.