• Failed to register a commercial lease

I failed to register my lease and I discovered this after 2 years I also informed my landlords, so they were aware.
Unfortunately the previous owners of the lease had gone into liquidation and I tried to register the lease but was unsuccessful. 

My landlord was very unhelpful but aventualy after another two years and several letters they agreed to offer me a new lease at a cost of £25,000.

I feel after the way the landlords have acted over the last 2 years to ask for a premium is unreasonable, now they have giving one week to pay the money or they withdraw there agreement. 

My question is: if I don't agree there terms can the terminate my original agreement and make me vacate the property
Asked 7 years ago in Property Law
Religion: Other

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13 Answers

1) unregistered lease deed is in admissible in evidence

2) lease deed is required to be mandatorily registered

3) registration can be done within period of 4 months from execution

4) with penalty registration can be done within another 4 months

5) registration of old lease deedcannot be done after. 2years

6) you have not mentioned what was period of lease , terms of agreement

7) if they terminate the agreement and you refuse to vacate they would have to file suit for eviction

8) eviction suit may take some years to be disposed of

9) it is your call whether to sign fresh lease deed or not

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

I have answered your query

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) landlord was seeking to save money on stamp duty and registration charges hence he did not register the lease deed

2) landlord cannot increase rent arbitrarily . If you refuse to pay increased rent landlord would find it difficult to recover the increased rent

3) extension in property can be done subject to written consent of landlord

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Is the property in India where the land lord has agreed to register the lease agreement on condition of payment of 25 K pounds?

2. If the property is in India then you can claim your lease hold right and the land lord shall have to file an eviction suit for evicting you.

3. The said eviction suit might continue for even 15/20 years.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. if the land lord is trying evict you with out due process of law, then you shall have to lodge a police complaint against him for attempting to forcibly evict you from your leased property.

2. if police refuses to take any action file a writ petition against police inaction seeking your relief.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. The land lord will claim it to be illegal where you shall claim that the land lord has illegally refused to register the lease agreement after taking money for the said extension after allowing you to construct the said extension.

2. The case will run for years and you certainly have valid ground to claim lease since the landlord has illegally defrauded you by avoiding to register the said lease agreement after collecting and continuing to collect the lease rent and also money fro the extension.

3. The Court will pass Judgment after hearing both the parties and after verifying the evidences.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

according to section 107 of the transfer of property act, registration of lease is mandatory. when possession is transferred in order to execute a lease deed but deed is still unregistered then lessee has right compel the lessor to complete the document by way of registration. once premium is already paid then not necessary to again pay a premium. you can file a civil suit for completion of document.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

You need to consult lawyers in uK

We are not aware of UK laws

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

We are Indian lawyers. This question pertains to UK law, so I cannot answer it.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The property under lease agreement would be valid only if it is a registered document.The unregistered agreement for lease may not be valid but if court permits then the stamp duty can be paid even at this stage and bring the documents its validity and effective.

The landlord cannot evict you for this reason if there is an agreement reduced to writing, he has to follow the due process of law, and in the court you can express your willingness to pay the stamp duty and get the documents registered at your expenses, then the landlord may not have any grounds to seek to evict you..

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Can someone answer my question please

The landlord cannot forcibly evict you, he has to approach court and follow due process of law to evict you.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

My question: can they increase the rent considering there was no lease, just a contract and would the extension be illegal as there was no lease in force.

If you say that there was no lease then what is meant by 10 years lease as per your own statement.

You may say that the lease agreement was not registered.

Please note that not registering the lease agreement shall not be fatal to your case.

Since you had been paying monthly rental as per the agreed conditions, you can be considered as a lessee/tenant.

Default in rental payment shall be considered as a strong ground for eviction.

The increase in the rental amount shall be based on the terms of the lease agreement which is an obligation on your part.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

My question. If they serve a section 146 notice on me will they win and get me out. Or should I just pay them the £25,000

As you said the strong reason to vacate or evict is default in the payment of monthly rental amount.

Since you have been regularly paying the same, there should be no reason for the landlord asking you to vacate the premises especially when he had already permitted you to occupy the premises for all these years.

If at all he had any objection, then he should not have allowed you to occupy the premises without registering the lease agreement deed.

You can challenge his case in the court as per merits in your side on the said points and you may express before court that you are still ready and willing to get the lease agreement deed registered as per the prevailing law in this regard.

You can create situation to win the case

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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