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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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i am a pub landlord on a 3 year tenancy agreement, i put my

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i am a pub landlord on a 3 year tenancy agreement, i put my notice in 6 months ago but was told i must complete my contract which ends in may 2011, i have been ill recently with depression and my doctor says for my healths sake i should leave the pub, can the company still enforce my contract when my doctor is saying leave, thank you.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Have you looked at your tenancy agreement to see if it contains a break clause entitling your to terminate the agreement earlier than the fixed term?

 

Does the tenancy agreement allow you to assigning (ie. selling the remaining term to a replacement tenant) or subletting the premises?

 

Kind regards,

 

Tom

Customer: replied 3 years ago.
hi the agreement does not contain a break clause, i can sell to another replacement tenant but no interest so far, i have been told by a retired area manager in the pub trade that a doctors letter stating my health problem would be enough for me to finish before my contract expires ?regards paul
Expert:  Thomas replied 3 years ago.

Hi Paul,

 

I'm afraid that unless there is a clause in the lease entitling you to terminate in the event of your ill health then you are not permitted to terminate on this basis. It would up to the landlord to decide whether they wish to surrender the lease in view of the letter but they are under no obligation to do so.


Send the letter to the landlord stating that you wish to seek their instructions on whether they would be willing to surrender the lease. They may accept, they may accept subject to you paying them some money or they may refuse and hold you to the contract.

 

If you simply stopped paying the rent then they will forfeit the lease and sue you for the remaining rent. They would probably obtain judgement on an amount equal to the rent that they would have earned up to the point at which the pub could be relet to another tenant because they are under a duty to mitigate their loss.

 

As an interim measure you may seek to find a bar manager who can manage the day to day running of the property in the hope that it produces enough income to cover, or partially cover, the rent until you can find a replacement tenant.

 

I'm very sorry it could not be better news.

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
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