Commercial practice

AZ Property Limited owns the freehold of a small shoppin" rel="nofollow">ing centre comprisin" rel="nofollow">ing 4 units, which are all subject to leases. The centre has not been performin" rel="nofollow">ing well in" rel="nofollow">in recent years and AZ Property is considerin" rel="nofollow">ing redevelopin" rel="nofollow">ing it when the leases of the 4 units come to an end. You have the followin" rel="nofollow">ing in" rel="nofollow">information about each of the units: 1. Unit 1: The tenant has been usin" rel="nofollow">ing this unit as a restaurant sin" rel="nofollow">ince the lease was granted to them 4 years ago. The lease expires on 24 December 2017 and contain" rel="nofollow">ins a clause statin" rel="nofollow">ing that the provisions of sections 24 to 28 of the Landlord and Tenant Act 1954 are excluded in" rel="nofollow">in relation to the tenancy. AZ Property’s solicitor has confirmed that they are holdin" rel="nofollow">ing the origin" rel="nofollow">inal statutory declaration with the deeds and that the contractin" rel="nofollow">ing out procedure has been completed correctly. 2. Unit 2: There is a lease in" rel="nofollow">in place for Unit 2 which expires on 19 December 2017. The lease does not in" rel="nofollow">include wordin" rel="nofollow">ing excludin" rel="nofollow">ing sections 24 to 28 of the 1954 Act and the solicitor has confirmed they do not have a statutory declaration in" rel="nofollow">in respect of this lease. The premises were used as a toy shop when they were first let but the unit has been empty sin" rel="nofollow">ince June 2016. 3. Unit 3: Unit 3 was also vacated in" rel="nofollow">in September 2016. AZ Property found a new tenant and granted them a lease in" rel="nofollow">in October 2016 for 5 months, with no right to renew at the end of the in" rel="nofollow">initial term. The property is bein" rel="nofollow">ing used as a shoe shop. 4. Unit 4: Unit 4 is let to a local busin" rel="nofollow">iness owner who is usin" rel="nofollow">ing the property to store stock for his clothes shop located a few roads away from the centre. The lease expires on 14 December 2017 and does not in" rel="nofollow">include wordin" rel="nofollow">ing excludin" rel="nofollow">ing sections 24 to 28 of the 1954 Act. The solicitor has confirmed they are not holdin" rel="nofollow">ing a statutory declaration in" rel="nofollow">in respect of this lease. 5. Unit 5: Unit 5 has been empty sin" rel="nofollow">ince July 2016 and AZ Property is keen to achieve some in" rel="nofollow">income for the unit before the planned redevelopment. Advise AZ Property: A. Whether any of the leases for Unit 1 to 4 have security of tenure under the Landlord and Tenant Act 1954 B. What procedure AZ Property will have to use to end any tenancy that has security of tenure, and whether they are entitled to do so C. What steps AZ property should take in" rel="nofollow">in respect of Unit 5