Occupational Agreement

[gingerbread]

Hi,

Does anyone have any knowledge of occupational agreements. I have one with a charity which requires a 2 year notice. It was signed on behalf of the company about 26 months ago by me and the other director (who has resigned). They want to put the rent up by 20% and won't look into any of the many h & S risks in the building. I want to move by the end of the year and don't want to give 2 years notice.

[bwglaw]

you need to obtain specific advice as to whether any terms are rather unreasonable. Your post does imply a licence of some kind but this cannot be ascertained until sight of the agreement.

[pshriv_11@hotmail.com]

I suppose this is as simple as your 2 years are over ( 26 months)and you have never renewd this agreement so you are free.
Generally people increase or impose things after said period that is what the company is excercising.
I suppose you may give them a legal notice regarding completion of agreement between you and said company with evidentail proof.

[bwglaw]

It will depend on the wording of the agreement as to whether a clause has the effect of creating a minimum term of 2 years and the right to terminate thereafter and whether subject to a period of notice.

[gingerbread]

It says a 2 year notice period for both parties. I have a business review this afternoon and hopefully they will be able to help me.

Most people seemtothink a 20% rent increase is excessive. I would like to see a new agreement drawn up - seeing as the ex business partner has left and that with the new rent - I would deem it necessary.

I've googled "occupational agreement" and there is nothing on it whatsoever that can even help me - what is an occupational agreement??

Thanks for all the advice so far - it does help alot

[bwglaw]

I would rather reserve advice until sight of the agreement. We also need to look at the intention of the parties.

You will not find an 'occupational agreement' because what you have is not such, but it does seem like a licence to occupy commercial premises, usually but not always owner-occupied or as part of a sub-let under a superior lease.

If you do not come to an mutually beneficial conclusion in your meeting with the Landlord/Licensor then please contact us with the agreement for specific advice.

We can quote on a new agreement being drawn up but this should be the responsibility of the Landlord/Licensor especially if they are currently under a superior lease; the terms in this lease will have to be taken into account and any necessary consent obtained.