Date is 13 Jan 2021. Harold has a freehold lease upon 3 separate lots (A, B, C). two are on ground floor, one is mezzanine, all draw from the same source of electricity.
Harold has a written lease from 20 Jan 2019 to Lot A for two years which isn't registered but can be renewed for two years if leaseholder submits in writing 7 days before end of term.
Harold's brother occupies Lot B with no written documentation - only paying $1500 a fortnight.
Harold has email communications with a lady wanting Lot C, she wants a 2 year lease and Harold has agreed on the 10 Jan 2021 via email. She needs a generator and Harold doesn't know who needs to pay for it.
Harold is thinking of selling the complex (all lots) to someone seeking vacant possession for development. I need to know if this is possible in regards to each of the lots, and if not how long each would be allowed to stay on the lot.
To determine whether Harold can sell the complex with vacant possession for development, we need to analyze the lease agreements for each lot individually. Let's break it down:
Lot A:
- Harold has a written lease for Lot A from 20 Jan 2019 for two years, which is not registered.
- The lease can be renewed for another two years if Harold submits a written request 7 days before the end of the term.
Based on this information, Lot A has a lease term until 19 Jan 2021. If Harold wants to sell the complex with vacant possession, he would need to wait until the lease on Lot A expires before transferring ownership.
Lot B:
- Harold's brother occupies Lot B without any written documentation.
- He pays $1500 fortnightly.
In this case, Lot B does not have a formal lease agreement. As Harold's brother does not have a written lease, Harold can potentially ask his brother to vacate the premises upon selling the complex. However, the specific laws and regulations regarding tenancy can vary by jurisdiction, so it is advisable to consult a real estate attorney knowledgeable in local laws to ensure proper procedures are followed.
Lot C:
- Harold has an email communication agreeing to a 2-year lease on Lot C with a lady.
- The lady requires a generator, and it is unclear who would be responsible for the cost.
Regarding Lot C, the terms of the lease should be formalized in a written agreement to provide clarity on responsibilities and obligations. Additionally, the issue of the generator should be addressed in the lease agreement to determine who will bear the expense.
In summary, to sell the complex with vacant possession, Harold would need to wait for the lease on Lot A to expire. The situation on Lot B, where Harold's brother occupies it without a written lease, should be handled according to local tenancy laws. Lot C should have a written lease agreement to specify all relevant terms, including the responsibility for the generator. Consulting with a real estate attorney experienced in local laws will provide more accurate and specific advice based on the jurisdiction.