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. would 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 answer your question, let's break it down and address each lot separately:
Lot A: Harold has a written lease for Lot A from 20 Jan 2019 for two years. This lease is not registered but can be renewed for another two years if Harold submits a written request 7 days before the end of the term. Since the lease is not registered, its validity and enforceability may be subject to local laws and regulations. However, assuming there are no legal issues with the lease, Harold can continue to occupy Lot A until the end of the lease term or until he submits a written request for renewal.
Lot B: Harold's brother occupies Lot B without any written documentation. He is paying $1500 per fortnight. In this case, the terms of the occupation and the rental amount may be subject to verbal agreement or implied understanding between Harold and his brother. Without a written lease, the legal protection for Harold's brother may be limited. It is advisable for both parties to draft a written agreement to clearly define the terms and conditions of the occupation, including the duration and rental amount.
Lot C: Harold has email communications with a lady interested in leasing Lot C for two years, and he has agreed to it via email on 10 Jan 2021. The issue of the generator payment was not specified. In this case, it is important to have a written lease agreement that clearly outlines the terms, including the responsibility for utility costs, such as the generator. Harold and the lady should come to a mutual agreement regarding who will pay for the generator.
Selling the complex: If Harold decides to sell the entire complex, the lease agreements and occupation of each lot may impact the sale. Potential buyers seeking vacant possession for development may want all lots to be vacant upon purchase. In this case, Harold would need to negotiate with each occupant to terminate their leases or agreements. The length of time each occupant is allowed to stay would depend on their respective lease terms and agreements. Harold should consult with a real estate professional or legal advisor to understand the specific laws and regulations applicable in his jurisdiction.
It is important to note that the information provided is a general guide and may not cover all legal considerations. To obtain accurate and tailored advice, it is recommended to consult with a legal professional who specializes in real estate law in your jurisdiction.