Advice on Leases/contracts sought

Posted by: Tim Danaher on 10 June 2004

One for all you legal brains out there...

We're trying to get a contract sorted out for a lease on a shop that we own. The present tenant has already signed two five-year leases in the past (both based on the same contract) but has now indicated that she only wants a six-month lease.

We want to amend the 5-year existing contract to give her the six months she wants. We want to keep this contract because it was very carefully drawn up and has lots of advantageous clauses not contained in the standard forms of contract.

Our solicitor has been dragging his heels for nearly three months and has told us that he's "not happy" to do this because he can't "find a precedent" for a six-month contract, but he "thinks he's found a precedent in the Law Society books, blah, blah, blah" and he's going to base the new six-month contract on that one. We just want him to amend the existing contract.

At the moment the tenant's previous lease has expired and she's just there on recognizance (?)

So the questions are:

Is our solicitor bullshitting us?

Could we amend the contract ourselves and get a notary public to make it all legal?

Could the tenant just do a flit without giving us notice?

Sorry to bleat on, but we're coming down to the wire on this, and we need some advice (which we're obviously not getting from our solicitor).

Many Thanks In Advance,

Cheers,

Tim
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Os nid Campagnolo yw hi, dyw hi ddim yn werth ei marcho...
Posted on: 10 June 2004 by Tarquin Maynard - Portly
quote:
Originally posted by Tim Danaher:

Is our solicitor bullshitting us?


Cheers,

Tim
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Tim

Nail hit on head, get another Solicitor. ( IMO, of course...)

Regards

Mike

Spending money I don't have on things I don't need.
Posted on: 10 June 2004 by Tim Danaher
Thanks Mike, thought as much.

Any other views?

Cheers,

Tim
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Os nid Campagnolo yw hi, dyw hi ddim yn werth ei marcho...
Posted on: 10 June 2004 by Bob Edwards
Tim--

At least in the US, there is NO requirement that a lawyer be involved in a contract. Is there such a requirement in the UK?

If both sides are happy with the language of the agreement, why not just change the length to 6 months, edit the dates as appropriate, etc., and be off and running?

And Mike gave excellent advice--talk to another solicitor--preferably at least two who specialize in such matters.

Best,

Bob
Posted on: 10 June 2004 by Martin Clark
Bob's right - providing the basic constituents of contract are in place*, two parties can agree to anything and the contract binds (yes even verbal agreements). NO solicitor is required.

If both sides are happy with the form of contract I see no reason that the period it applies for cannot be varied by mutual consent (along with any other periods it refers to, notice terms).

M

*That the both parties have the capacity to contract, the contract constitutes an offer and acceptance of the offer, that the offer is legal, and for consideration on both sides IIRC..
Posted on: 10 June 2004 by Tarquin Maynard - Portly
Yes.... consensus capacity consideration formality legality intention....

Although a Solicitor is not needed here, if you get the lease wrong you may end up with sitting tenants that you cannot evict, or the lease may be unfavourable to you in other ways eg. Rent Reviews.

If you want a proper job Tim will have to pay the money. If the Solicitor does a poor /negligent job you can sue them.

Regards

Mike

Spending money I don't have on things I don't need.
Posted on: 10 June 2004 by MichaelC
Mike is absolutely right - find another solicitor. You don't want to end up with an ineffective lease, the implications...

Mike
Posted on: 10 June 2004 by Tim Danaher
Thanks, everybody. Advice very much appreciated. The loser has until next Monday (promised delivery of draft contract) then we fire his arse.

Thanks again!

Cheers,

Tim
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Os nid Campagnolo yw hi, dyw hi ddim yn werth ei marcho...