Lease

[u587162]

Not sure where else I can post this but here goes.

This query is in regards to a detached commercial property (GF and 1st floor house converted for a dental surgery and upstairs a lab). What are the chances of the GF tenant being able to extend the GF in a square when the red line depicts his lease? That awful diagonal shape really kills any hope of a 6m square extension at the back unless an incoming buyer negotiates a new lease. The tenant basically said that the back area is his to extend except didnt mention this diagonal cut.

 

[^woody^]

Ask the landlord. But permission can not be unreasonably withheld.

 

[u587162]

On what grounds can it not be unreasonably witheld if the lease was negotiated like that?

 

[^woody^]

Unreasonable is as it says, there has to be a good valid reason to refuse the request.

If there is a specific lease clause barring any such work, then that's a contractual agreement that has been agreed.

 

[u587162]

I'm not questioning your judgement here, I'm just trying to have a better understanding of all things related to leases. Why do you say it cannot be unreasonably refused? Is this a normal condition of a lease that you can still build outside of "your leased area as a tenant"? Because I didnt use the word unreasonable, you did and it doesnt use that word in the lease contract that I saw.

 

[bernardgreen]

It may be that the owner of the property does not want the building altered by having an extension of any sort added to it.

The bottom line is that the tenant is only borrowing the building and paying rent for that privilege, any changes that the tenant wants to make need to be agreed with the owner of the building.

 

[^woody^]

Why do you say it cannot be unreasonably refused?

Because that's the law.

 

[Nakajo]

None. Unless, as you say, a new tenancy amends the title.

 

[u587162]

Ok so the other answers here contradicts what woody is saying.

I spoke to an estate agent and he's suggested that nothing can be built out outside of the red line "as that's not mine". As others have said. I take that to mean that if I take over this D1 dental practice and I want to extend and the landlord doesnt want me to extend in such a way that I can create a square extension then I'm truly stuck.

What would I need to do in order to safeguard my interest/wish to square off an extension past the red diagonal line, simply negotiate a new lease agreement or just get written permission before I agree to take over the dental practice?

 

[^woody^]

Sorry, are you shiit at asking questions or am I crap at reading them?

You can extend within the demised area (ie what you lease - the red line) subject to the approval of the landord or what is specified in the lease.

You can't extend outside the area because you don't ****ing lease it and have not rights to it. I would have thought that was so obvious that it would not require a question, but it seem all along that was the question!

 

[Nakajo]

You would need to have the title amended. You would also need some mechanism for guaranteeing that the lease is subject to an extension being provided. In practice, I think this would be difficult.

 

[Nakajo]

On a more positive note, we can at least see that permission was previously granted for a single storey rear extension to a surgery in Bovingdon, although it was some time ago (4/01580/89/FUL)

 

[u587162]

How do you know this was in Bovingdon?

 

[Nakajo]

60 High St, Hertfordshire - there's more than one 60 High Street, but only a few of them are or have been dental practices.