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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32826
Experience:  Award winning lawyer with over 15 years experience
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If the new tenant has waited three months agreement and the

Customer Question

If the new tenant has waited three months for an agreement and the landlord states she wants to sell the freehold is the assignment is unreasonably refused because the landlord is openly marketing the freehold with vacent possession and has several viewers .
As it is a small hotel Can if required the leaseholder who is ill with heart disease hand back the lease and be free from its terms and walk away.if not what or when is the lease termed as finished for the leaseholder.
Submitted: 9 months ago.
Category: UK Law
Expert:  Thomas Judge replied 9 months ago.

has the lease been signed/

Customer: replied 9 months ago.
Don't understand question??
The lease was signed and started in November 2011
We want out of the lease and feel the landlord is in breach as she is openly marketing the freehold with vacent possession and refuses to let us assign our lease or walk away.
Expert:  Thomas Judge replied 9 months ago.

Thats helpful. To answer your specific question the lessee you not be free from all or any of the obligations by handing the lease back unless the landlord agreed to this arrangement in writing. Simply saying - I have enough - would allow the landlord to sue for any losses. However if there was an agreement that would of course be a different matter. Most leases state that the landlord must not unreasonably withhold consent and if they do they can be taken to tribunal for resolution. Happy to discuss. Please rate positive.

Customer: replied 9 months ago.
any landlord can openly market the hotel with my staff
With vacent possession
And throw me out
Refuse to assign to a credit worthy and funded person
But I can't leave and liable for being sued if I don't carry trading in till landlord is ready to throw me out?
Is that correct?
Expert:  Thomas Judge replied 9 months ago.

They can if the lease is coming to an end or they are selling their interest in the property. They can not throw you out unless the lease is at an end or they consider you in breach (they would have to take court proceedings to prove same). If they are acting inappropriately then I would get a solicitor to write to them and tell them that they are in breach and potentially seek compensation. Happy to discuss. Please rate positive. Thanks

Expert:  Thomas Judge replied 9 months ago.

They can if the lease is coming to an end or they are selling their interest in the property. They can not throw you out unless the lease is at an end or they consider you in breach (they would have to take court proceedings to prove same). If they are acting inappropriately then I would get a solicitor to write to them and tell them that they are in breach and potentially seek compensation. Happy to discuss. Please rate positive. Thanks

Expert:  Thomas Judge replied 9 months ago.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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