Regrettably, the previous owner was, to say the least, rather laid-back about these matters. Given that the paragraphs in question seem to leave a lot to the court’s discretion, how should we proceed?
Q Having recently acquired the freehold of factory premises, we intend in due course to serve a section 25 notice on the occupying tenant, whose lease will expire in about 20 months’ time. As allowed for by paras (a) and (b) of section 30(1) of the 1954 Act, our opposition to any claim to a new tenancy will be founded on neglect of repairing obligations and persistent delay in paying rent.
Regrettably, the previous owner was, to say the least, rather laid-back about these matters. Given that the paragraphs in question seem to leave a lot to the court’s discretion, how should we proceed?
A As noted by Sandi Murdoch in her commentary on Hazel v Akhtar [2002] 07 EG 124 (see Tenant wins by default Estates Gazette 9 February 2002, p151), the tenant cannot, in a case like yours, even begin to chalk up a sufficiently bad record until such time as he has been firmly notified that his obligations will henceforth be strictly enforced. Having sent such a notice, obviously without delay, you will then have to wait and see and (hoping perhaps that no new leaf has been turned over) time your section 25 notice accordingly.
