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Thomas
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Hi there I have a question with regard to my lease on an

Resolved Question:

Hi there

I have a question with regard to my lease on an office I took on 15th June 2010 for 24 months. There is no break clause in the lease and when I quizzed them they said they don’t include one for a short term lease as they need to recoup their initial set up costs etc. I think this is a bit presumptuous on their part and should include a break clause. I need to get out of the office without folding the company and move home to save money.

Also in the lease, I have an agreed parking space with a mention of being able to move me if the wish. In Nov 2010, they drew up a second lease to another company giving my space away without any formal notice. This week, my space has been given to the new company and a new sign installed with my space disappearing leaving me without a marked parking spot.

I would be happy to scan in the lease and email it to whoever.

Are they in breach of contract and can I up stumps and leave?

Many Thanks
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,


If there is no break clause in your Lease then I'm afraid that you will not be able to terminate the lease any earlier than the fixed term. Lease can be negotiated on whatever terms the parties choose and just because the lease is short it did not preclude you from attempting to negotiate the inclusion of one. I'm sorry to say that there are no statutory provisions which implies a break clause and so you are a bit stuck here.

 

If the Lease allows you to assign or sublet I would investigate this as a possibility to get out of paying the rent.

 

If the car parking sport was designated to you in the lease but with the landlord retaining the ability to move you to another spot then they are free to do so. If they have used the spot for another lease then they should have allocated you a new spot. You should request a further spot for you to park.


That they have given the spot away is not a breach of such seriousness that you are permitted to terminate though. It is a breach of contract, but not a repudiatory breach of contract that would entitle you to treat the contract as at an end.

 

Sorry it could not be better news. My advice if there is no break clause is either to utilise any clause permitting you to assign or sublet or to attempt to negotiate a surrender of the lease with the landlord (they would probably require payment of a sum of money for this).


If you simply leave and do not pay the rent then in all probability they will forfeit the lease and sue you for the remaining rent and loss they suffer.

 

 

If this has been 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

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