Oregon Commercial Lease Extension
Description
How to fill out Commercial Lease Extension?
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FAQ
A lease extension is an acquisition of a term of years in property so, generally speaking, Stamp Duty Land Tax (SDLT) will be payable on all lease extensions where the premium exceeds the minimum threshold of £125,000.
Currently, leaseholders of houses can only extend their lease once, by a 50-year period, while leaseholders of flats can extend leases as often as they wish for a 90-year period.
Commercial tenants usually remain in a property when a lease has expired because they are still negotiating the terms of a new, renewed lease with the landlord or they have an informal agreement to stay on.
As already mentioned, business tenants will generally have the right to continue their tenancy agreement when it expires, but under certain extreme cases landlords do have the power to refuse to renew a lease.
How do you forfeit a lease? For a lease of commercial property, a landlord can affect this right to forfeit a lease by peaceable re-entry or by issuing court proceedings. To peaceably re- enter, a landlord changes the locks and puts up notices to inform the tenant that the lease has been brought to an end.
Commercial tenants usually remain in a property when a lease has expired because they are still negotiating the terms of a new, renewed lease with the landlord or they have an informal agreement to stay on.
The lease will spell out the rights of both parties to end a lease agreement by expiration, termination with advance notice from either party, or eviction. Similar to the lease term, early termination is not regulated by Oregon law and is often settled by both parties through negotiation.
Can the contractual term of a commercial lease be extended? Yes. Subject to satisfying certain criteria, business tenants have a statutory right under the Landlord and Tenant Act 1954 to extend the contractual term of their lease. At the end of the lease, the tenant can ask the landlord for a new lease.
If you decide to try to negotiate a lease extension, there are no rules and your landlord could refuse to extend your lease, or set whatever terms they like.
Forfeiture (the act of forfeiting a lease) allows a landlord to end a fixed-term lease on account of a breach of the lease by the tenant. The landlord may only terminate in this way if: the lease contains a forfeiture clause, and. the forfeiture clause allows the landlord to forfeit the lease in respect of the breach.
