Month to month commercial lease tenant rights

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12 October 2018
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I run an acupuncture business in a space above shops. Been there 30 years. Never had a lease. Original landlord passed away 10 years ago and I have been dealing with his daughter all that time.

Recently she appointed a man to look after her properties and he has been pressing to agree to a 40%increase in rent and to sign a 3 year lease.

This is too much for me so I am going to move. Can he kick me out without notice? Lock me out? Charge me legal fees for the lease which I did not sign?

The premises is impeccably clean. Transformed from a run down dump 30 years ago to a lovely space. I have never missed rent in 30 years and intend to pay to my last day.

I have never had a lease or written agreement. It was done by a hand shake 30 years ago. I am concerned as this man has turned unpleasant and the lady landlord refuses to talk to me.

Grateful if you could give me any info or suggest where I should look before I start trying to find money for solicitors. Thankyou so much.
 

MABLaw

Active Member
12 February 2018
10
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Ringwood
www.mablawyers.com
It sounds like you are on a month to month tenancy. what this means is that either arty can end the lease by giving the other party one month notice. You will generally have to leave the premises in the same condition as it was in when you first rented it including the removal of any fixtures or fittings you have put up. Unless you are doing something illegal, dangerous or damaging to the property, or in some instances if you are in rental arrears, then you cannot just be locked out.
 
12 October 2018
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Thankyou for your input. I appreciate it. That puts my mind at ease. It is already very upsetting, having to move and start again after 30 years.