Impossible position AHA advice please

[Dealornodeal]

Hello Everyone,

To keep this simple and vague and please forgive me for not divulging more.

AHA land needed for development.

Deal on heads of terms agreed.By our acting agent with landlord.

Nearly 12 months of promised ‘getting the deal done’ and a new tenancy to successor and compensation sorted still not forthcoming.

Landlords lawyer not sending revised tenancy etc.Seems all delayed and our lawyer saying it’s a little weird.

Now access needed urgently for pre planning digs etc.
Our Lawyer advising against access for landlord as not forthcoming with the correct documentation and transfer of tenancy etc as promised.

Landlord and promoting developer saying we are holding planning and that giving access does not prejudice the deal we’ve agreed and if we continue to deny access then the whole development will be compromised and then we’ll get nothing.

Lawyer of landlord now come alive after all delays saying he can possibly give an email of comfort to our side in exchange for access.I’m saying get the deal done and you can do what you want ! Somehow this doesn’t happen.

My concern is if we agree to the letter of comfort or whatever it’s called to give them more time to prepare (which is very rushed and under pressure from them) if planning is achieved by giving access then I worry they can revert to a 3 month notice to quit that can be given with no compensation needed as agreed other than the standard from the landlord.

Where do we stand and what should we potentially do?

Again sorry for being simple with the logistics of it all.

 

[farmbrew]

Not much help but I had an unpleasant experience with a landlords agent. Basically I took things on words and trust. Will never do it again.

 

[holmes65]

Phone the TFA first thing Monday.

 

[Dealornodeal]

Phone the TFA first thing Monday.

What can they do?

I have a lawyer and an agent !!
I’m losing faith in the agent as seems to fluff about a little and I’m not sure who’s side sometimes he’s on !

Lawyer switched on but essentially it’s down to me to decide to allow or not and I’m feeling a little ‘bullied’ now and blame pointed at me which it certainly isn’t.

This should have been tied up months ago and delay delay delay until now

 

[Kentishfarmer]

Hello Everyone,

To keep this simple and vague and please forgive me for not divulging more.

AHA land needed for development.

Deal on heads of terms agreed.By our acting agent with landlord.

Nearly 12 months of promised ‘getting the deal done’ and a new tenancy to successor and compensation sorted still not forthcoming.

Landlords lawyer not sending revised tenancy etc.Seems all delayed and our lawyer saying it’s a little weird.

Now access needed urgently for pre planning digs etc.
Our Lawyer advising against access for landlord as not forthcoming with the correct documentation and transfer of tenancy etc as promised.

Landlord and promoting developer saying we are holding planning and that giving access does not prejudice the deal we’ve agreed and if we continue to deny access then the whole development will be compromised and then we’ll get nothing.

Lawyer of landlord now come alive after all delays saying he can possibly give an email of comfort to our side in exchange for access.I’m saying get the deal done and you can do what you want ! Somehow this doesn’t happen.

My concern is if we agree to the letter of comfort or whatever it’s called to give them more time to prepare (which is very rushed and under pressure from them) if planning is achieved by giving access then I worry they can revert to a 3 month notice to quit that can be given with no compensation needed as agreed other than the standard from the landlord.

Where do we stand and what should we potentially do?

Again sorry for being simple with the logistics of it all.

If the development potential is serious you withholding access for a few months will make no difference to the development going ahead or not.
Sounds to me like they are trying to spook you into a weaker position, I wouldn't budge its their problem they haven't come up with the final legal agreement not yours

 

[Dealornodeal]

It’s serious.

They need vacant possession.Our land is intrinsic.

They are blaming me now as I’m saying no access now as they tried to get in the back door emailing politely for the gate code etc!!!

I said I’d take advice from the lawyer.

Now I’ve stood strong and said no access until the agreed deal nearly 12 months ago and the new tenancy is given.

Im now being told my relationship with the landlord could deteriorate and planning could fail if I don’t allow access.

All I’m asking is for the agreed deal to be over the line as my lawyer has been waiting for and told and given documentation very slowly at best.

So an email of comfort from lawyer to lawyer to not prejudice the deal is suggested.

Im not sure personally if that would stand litigation and if access is achieved there is no rush to give me the agreed deal until they are in a very strong position financially.

 

[Mc115reed]

Simple, you hold all the cards your on AHA… tell them sort there sh!t out and don’t bother calling/emailing until it’s sorted your not a fool… once they start something you’ll never stop them

 

[Kentishfarmer]

It’s serious.

They need vacant possession.Our land is intrinsic.

They are blaming me now as I’m saying no access now as they tried to get in the back door emailing politely for the gate code etc!!!

I said I’d take advice from the lawyer.

Now I’ve stood strong and said no access until the agreed deal nearly 12 months ago and the new tenancy is given.

Im now being told my relationship with the landlord could deteriorate and planning could fail if I don’t allow access.

All I’m asking is for the agreed deal to be over the line as my lawyer has been waiting for and told and given documentation very slowly at best.

So an email of comfort from lawyer to lawyer to not prejudice the deal is suggested.

Im not sure personally if that would stand litigation and if access is achieved there is no rush to give me the agreed deal until they are in a very strong position financially.

Well that's simple then, if they need vacant possession they better bloody well hurry up and get you your agreement then. If they don't do this they are trying to pull a fast one, if you vacate without your desired agreement you have just given away your strong position for nothing.
A letter/email of assurance won't count for much imo

 

[teslacoils]

It’s serious.

They need vacant possession.Our land is intrinsic.

They are blaming me now as I’m saying no access now as they tried to get in the back door emailing politely for the gate code etc!!!

I said I’d take advice from the lawyer.

Now I’ve stood strong and said no access until the agreed deal nearly 12 months ago and the new tenancy is given.

Im now being told my relationship with the landlord could deteriorate and planning could fail if I don’t allow access.

All I’m asking is for the agreed deal to be over the line as my lawyer has been waiting for and told and given documentation very slowly at best.

So an email of comfort from lawyer to lawyer to not prejudice the deal is suggested.

Im not sure personally if that would stand litigation and if access is achieved there is no rush to give me the agreed deal until they are in a very strong position financially.

Why are they even talking to you directly? Thats what your agent is for. Have everything go through them.

 

[Dealornodeal]

Why are they even talking to you directly? Thats what your agent is for. Have everything go through them.

Exactly

im getting calls from the promoting developer
Emails to gain access from my landlord

as I say it’s starting to feel like bullying sorry for that sounding pathetic

 

[teslacoils]

Im not sure why they need vacant posession, unless this is for some land outside the development envelope. I understood that a grant of planning essentially nullified any tenancy and triggered the standard compensation. It sounds as if what they want is to come on and do work ahead of planning, which makes it sound like a scheme more like a large scale development or NSIP project.

These pre-planning digs are likely to be invasive and potentially damaging. But it sounds like the negotiations etc have all been done, and what they want is to come and do the work without having met their agreements

Ive just had a fairly large scale NSIP project come through me, with pre-planning digs etc. While I am not a tenant, if you want to drop me a PM about how we approached it, I might be able to offer some suggestions.

 

[AJ123]

What are they getting in exchange for doing the first part of the deal? That’s where you hold the cards. do they have termination provisions in the existing tenancy in the event of a planning consent? If not are they trying to insert these in the succession tenancy? Or are they inserting a right of access for the ground testing etc? And now trying to bypass the need for that by just going straight on with your consent?

My gut feeling is I would hold your ground. The letter of intent won’t be worth the paper it’s written on if you need to rely on it! If they really want it they can get the new agreement done. Lawyers won’t admit it but you can turn these things round in 2 or 3 days if both sides want to.

i wouldnt worry about a break down of landlord tenant relationship! That is governed by your lease no matter whether you get on or not. and if the landlord does get planning, the £££ will soon be dictating their way of thinking, not whether they like you or not.

 

[Formatted]

Im now being told my relationship with the landlord could deteriorate and planning could fail if I don’t allow access.

You should too speak to the TFA and your agent. You hold the cards and they are pressuring you into agreeing because they know you do. Don't stress this weekend it won't change anything and losing planning will cost your landlord more than it will you.

 

[Dealornodeal]

Simple, you hold all the cards your on AHA… tell them sort there sh!t out and don’t bother calling/emailing until it’s sorted your not a fool… once they start something you’ll never stop them

Just sent an email to my lawyer stating this

thanks

 

[holmes65]

What can they do?

I have a lawyer and an agent !!
I’m losing faith in the agent as seems to fluff about a little and I’m not sure who’s side sometimes he’s on !

Lawyer switched on but essentially it’s down to me to decide to allow or not and I’m feeling a little ‘bullied’ now and blame pointed at me which it certainly isn’t.

This should have been tied up months ago and delay delay delay until now

Someone else to talk to, maybe get another opinion, maybe suggest another agent.

 

[Jam Tomorrow]

Well that's simple then, if they need vacant possession they better bloody well hurry up and get you your agreement then. If they don't do this they are trying to pull a fast one, if you vacate without your desired agreement you have just given away your strong position for nothing.
A letter/email of assurance won't count for much imo

This . Stand firm !

 

[Goweresque]

Im now being told my relationship with the landlord could deteriorate and planning could fail if I don’t allow access.

If planning fails then they can't get you out can they? And they get nothing either.

If they need your agreement to come in and do survey work and archaeological digs etc, then you hold all the keys - they can't get planning without those surveys being done. Any application that is lodged without them will never be passed by the local planners, so they can't issue you with a notice to quit based on a planning consent.

So I would tend to say keep saying what you're saying - when you have your new agreement then they can have access, and not before.

Don't fall for the letter of comfort ploy - its worthless and they know it. They can go back on it in a flash, and what are you going to do about it, sue them?

 

[Kidds]

as I say it’s starting to feel like bullying sorry for that sounding pathetic

They are bullying you so there is absolutely no need to apologise to us or to worry about sounding pathetic as you don't. You are being put in a bad position deliberately, stay strong and lean on us lot as much as you need to.
Good luck.

 

[Dealornodeal]

They are bullying you so there is absolutely no need to apologise to us or to worry about sounding pathetic as you don't. You are being put in a bad position deliberately, stay strong and lean on us lot as much as you need to.
Good luck.

Thank you

 

[L P]

I haven't read the whole thread, your landlord has reasonable right to access by request but no right to break/damage ground. Your tenancy protects you, AHA is solid on that side. What you should get clarity on is the value of the aha tenancy on that bit of ground subject to planning.... it should be percentage based. You have no obligation to relinquish your tenancy because someone has planning consent.