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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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i have a 24 year plus lease i have not payed rent due to flooding

Resolved Question:

i have a 24 year plus lease i have not payed rent due to flooding of the propertie the landlord has not given me any legal noticesto say we have not payed the rent he has atempted to terminate our lease can he do that
Submitted: 5 years ago.
Category: UK Law
Expert:  Thomas replied 5 years ago.

Hi,

 

1. Is it a fully repairing Lease?

 

2. Has the flooding damaged the property?

 

3. Is there a rent abatement clause in the lease?

 

4. Did a solicitor act on your behalf?

 

Tom

Customer: replied 5 years ago.
yes it is a full repairig lease no damage to propertie no rent abaitment clause yes rupert wood we wanted to leave our lease but the landlord would not release us until he or we found somebody to take over the remainig years we found somebody and was in the mindle of selling to him when mr blackshaw intervende and said he had cancelled our lease with no legal notifa cation t5o our selfs nor no legal notices to say we owed him rent only statements was ever given to us we do have a copy of the lease and we are on the propertie register
Customer: replied 5 years ago.
had no reply to our question
Customer: replied 5 years ago.
SO CAN YOU TELL US WHERE WE STAND AND CAN WE RE ENTER THE PREMISES AS THE LEASE IS STILL IN PLKACE AS WE HAVE HAD NO NOTIFACATION THAT OUR LEASE HAS BEING TERMINATED
Expert:  Thomas replied 5 years ago.

Hi,

 

Sorry for the delay in replying.


There will be a forfeiture clause in the Lease entitled the landlord to forfeit (ie. terminate) the lease in the event of certain things happening, including non-payment of rent and other breaches of covenant. Check the lease for this clause, it will likely be towards the end of the lease. It will be negligent of the landlord's solicitor to have not included this clause. If it is not there then he cannot effect eviction unless he gets a court order and he would have to apply for this and you would receive notice.

 

If there is a forfeiture clause then the landlord does not technically need to serve notice - they can simply effect forfeiture by re-entering the premises and changing the locks. If this is what has happened then you will not be able to re-enter the premises because the lease is no longer effective and does not give you a right to occupy any longer.

 

The landlord may get bailiffs to do the above for him.

 

Alternatively, the landlord can apply to court for an order for eviction, for this he would require notice to be served upon you. This does not sound as if this is the way forward that he has chosen.

 

Check your lease for the forfeiture clause, but it will probably be there and therefore he has acted within his rights.

 

Also call your original solicitor to check that the landlord is empowered under the specific terms of the lease.

 

Sorry it could not be better news, but I'm afraid that this is the nature of commercial property.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions but I've got to go off line for a few hours now.


Kind regards

 

Tom

Thomas and other UK Law Specialists are ready to help you
Customer: replied 5 years ago.

EVEN THOU THRE AS BEIN NO CONTACT ABOUT ANY RENT ARREARS NOR IN WRITING NO ON THE TELEPHONE

Customer: replied 5 years ago.
SO IS THE PERSON THAT IS CURRENTLY IN THE PROPPERTI TRADING ILEGALLY WITH THE PREMISES LICENCE BNEING IN MY NAME AS HE AS NO Athorisation to use that licence and can we cease him trading till sorted
Customer: replied 5 years ago.
so is the person that is currently in the property trading ilegally if the premise licence is inmy name and not there and can he trade
Customer: replied 5 years ago.
i want to no is the person trading ilegally if the premises licence is not in there name can they continue to trade