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sitting tennant
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we have used a garage for 12yrs, land owner now selling this land,can we be evicted?
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For more on marking an answer as the "Best Answer", please visit our FAQ.Business tenants have the protection of the Landlord & Tenant Act 1954. To get a tenant out the landlord has to give formal notice, but the tenant is entitled to serve a colunter notice requiring that a new tenancey is granted to him, and then to apply to the court for such a tenancy. The landlord can not object merely because he wants to sell the site, but there are a limited number of grounds that can be used. The tenant can also start the ball rolling by serving a notice requiring the landlord to grant a new tenancy, I suggest that you get good legal advice now
But is it a business tenancy, or just a garage where you keep your own car? If the latter, the situation depends on what - if anything - was agreed when you started using the garage, and whether you are paying any rent. You may be a tenant with some protection, or may be a licensee who can be evicted on reasonable notice.
Jason - Notice has to be given in accordance with the terms of the tenancy agreement (if there is one) - and tenancies can be verbal as well as written. There are various areas of law that can over-ride the landlord's notice or make it ineffective - Didwot has mentioned one; another is that a non-business tenancy may be for a fixed term and the landlord can then only obtain possession early if the tenant has breached a term of the agreement. It is quite possible for a tenancy to be such that the landlord cannot evict the tenant and would have to sell subject to the tenancy.