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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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We are in the last year of a 10 year lease of a shop premises

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We are in the last year of a 10 year lease of a shop premises and the current new landlord (of the last 20 months) is ruthless and we would like leave the premises 6 months before the lease will end due to ill health of of the owner - where do we stand in trying to get an early release - is there a something in the tenancy law to show that if ill health prevails and the turnover of the business is continually dropping we could negotiate early release - if we just go will he legally chase us for the last 6 months rent and could he take our home.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.

 

I'm afraid not, there is no statutory provision afforded rights of termination to persons of ill health in commercial lease. Unless there is a clause in the lease specifically covering this then you will be bound by the term of the lease (I would not expect to see such a clause either).

 

You can either:-

  • 1. Pay the remaining rent and vacate
  • 2. Not pay the remaining rent and vacate (not advisable - it's very easy to sue and he would be successful. If he is ruthless as you say then he will almost certainly sue because it's not difficult
  • 3. Offer him a sum of money to surrender the lease when you want it to end. This is where each party mutually agrees to end the lease. You could offer him an amount of money (eg. 1/2 months worth of rent) in the hope that he will accept and take his chances in market to relet with the possibility that he would effectively be earning double rent for a short time.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 3 years ago.
I already knew that this maybe the case as he is so ruthless and is not caring about our financial / personal situation but we have other issues about the service charges that have to be paid within the terms of the lease. Before this landlord the shopping centre was in in administration for 1 year and before that the current owners were not good landlords and we used a solicitor to act on our behalf (incurring expense for us)about how we were being asked for money towards the management fees (approx half of the service charges were these fees) when in fact the Management company were not acting on our behalf, as we felt they should be and speaking to the current management company GVA - they are also only acting for their client (the landlord owner) and we are expected to pay for this - who is actually managing us - i.e helping us with the rent and service charge issues - am I right in thinking they should be representing us if we are being asked to pay the charges.
Please reply as I have this issue which is just as important to be answered aswell
Expert:  Thomas replied 3 years ago.

Hi,

 

The management company work on behalf of the landlord. You have certain rights in respect of the level of service you can expect from them - their responsibilties will be outlined on your lease (eg. to maintain common parts, to repair common conduits etc). Any solicitors acting on behalf of the managment company would be acting for them, not for you.


The only solicitors that act for you are those which you privately instruct yourself.

 

If you are in dispute with the management company then you will either have to act in that yourself or instruct a solicitor directly on your behalf.


Trust this clarifies, if so please click accept.


Kind regards,


Tom

Customer: replied 3 years ago.
One final question before I finally accept the answer - why am I paying management fees them when they are not actually helping me at all and don't respond to my problems (apart from money when it is due) and they are acting for the landlord - not me - but I have to pay it - it seems unfair and is that right - I don't think it is. I will happily pay towards services I receive - waste removal, security, cleaning etc - but not for fees that shouldn't be included ( will they be stated in part of the tenancy lease we have in a clause)
Expert:  Thomas replied 3 years ago.

Hi,

 

It would have been a term of your lease to contribute to the common parts of the shopping centre because you benefit from the shopping centre being a hub for local trade.

 

Your lease will also confirm the things that the management company should be doing and the standards of service with respect to the upkeep of the common parts of the shopping centre. Look at your lease for these clauses. If it is your opinion that they have breached these clauses then you can dispute on the basis of a breach of contract.

 

Please click accept.

Kind regads,


Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6656
Experience: BA (Hons), PgDip, Practising Solicitor
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