.

Closed Solicitors

Peter Waller

posted on Monday 20 March 2023

expired on Monday 10 April 2023

EN6 2JH, Potters Bar, Hertfordshire
I am Chairman of a Sports Club, who "franchised" the running of the Bar/Clubroom to an individual 5 years ago. The Agreement says: Clause 1. Term of Agreement: This agreement is initially for a six (6) months period but will then be extended to a twelve (12) month rolling agreement. Clause 2. The Rent: The company will pay £1,733.34 per month ("the rent") payable in advance. The first payment shall be made on the date of this agreement and monthly thereafter. Clause 4. Rent Review: The Rent will be reviewed after the first two years and every two years thereafter. Clause 37. This agreement may be terminated by either party giving 3 months notice in writing to the other. The Rent has always been paid weekly, not monthly, and in May 2022 was increased mutually to £500 a week. We now wish to terminate it, and agree a new agreement with him, or someone else, so, as it is now a ROLLING Contract and Rent is always paid weekly, am I correct that only 4 weeks notice is required, not 3 months and when can the Rent be increased again? Thanks

Public Chat

  • HEALYS LIMITED LIABILITY PARTNERSHIP
    HEALYS LIMITED LIABILITY PARTNERSHIP, posted on Tuesday 21 March 2023 1. It would be necessary to consider whether the tenant has security of tenure under the Landlord & Tenants Act 1954 before being able to advise on whether notice can be given by the Landlord or if you can offer the premises to another party 2. Subject to security of tenure, variation of the rent payment frequency does not automatically vary the written term for the notice requirement.
    Peter Waller, posted on Tuesday 21 March 2023 1.How would you do that? 2.Perhaps not the Rent, but is it a Rolling Contract? We only allow them to operate the Bar, on our premises, but we still pay rent and utilities on the building, though they are charged a proportion.
    Peter Waller, posted on Wednesday 29 March 2023 Thank you for getting in touch and any advice. This issue is being resolved and the individual leaving amicably.
  • Wilford Smith Solicitors, posted on Tuesday 21 March 2023 We would need to review the terms fully and advise, Our costs would be on an hourly rate depending on what was required. If you email on [email protected] i can advise of our costs fully.
  • Bishop & Sewell LLP, posted on Wednesday 22 March 2023 Peter, please send a copy of the agreement to [email protected] so that we can provide a quote.

Received Offers (7)