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Hi we signed and returned a shop lease to the landlords Solicitor

 

Customer Question

Hi we signed and returned a shop lease to the landlords
Solicitor and paid a years rent up front.

The owner has given us keys and started making arrangements
For utility transfers.

We have already made a number of improvements. We are concerned because
the property is still on sale and the owner seems to be ignoring
our request for the signs to come down.

As yet we are drawing a blank on getting the signed lease back.

I do have a set of emails confirming the agreements
and these assure us the property would come off the Market.

I also have confirmed receipt of payment.

Do they have any legal right still to sell if that is what they are trying to do?

Kind regards

Nathan

Submitted: 289 days and 10 hours ago.
Category: UK Property Law
Value: £28
Status: CLOSED
Picture
Expert:  Daniel Smith replied 289 days and 10 hours ago.


XXXXXX XXXXX :

Hi there. Thanks for your question, I will help you with this.

XXXXXX XXXXX :

What was the landlord trying to sell - the freehold or leasehold?

Customer : It's a leasehold apartment and shop on one deed. We have agreed a three year lease for the shop and they were intending on letting the apartment. We have had no confirmation that they are still trying to sell but it looks that way
XXXXXX XXXXX :

If they assured they wouldn't sell, and if they do, and you relied upon their assurances when signing the lease, then your likely to be entitled to claim that the agreement was now over as they had misrepresented to the position to you.

XXXXXX XXXXX :

And you would be able to sue for any financial losses caused to you as a direct result of the sale to a third party.

XXXXXX XXXXX :

If this happens, you should speak to a solicitor straight away.

Customer : Thanks can we prevent the sale as we have already taken possession and improved the premises? Even without the signed contract?
XXXXXX XXXXX :

Just because the property is sold, doesn't mean your tenancy falls away. The freehold might be sold, and the landlord might change, but your lease would still continue.

XXXXXX XXXXX :

There would just be a change of person to whom you pay rent to.

XXXXXX XXXXX :

As such, would you still want to stop a sale, and if so, why?

Customer : Thanks, we did get a right of first refusal to buy the place at the end
XXXXXX XXXXX :

Only if your lease says you do (but unlikely I would have thought).

Customer : We had this added and acknowledged as we did not want to lose the business if they decided to sell after the lease expires.
XXXXXX XXXXX :

Well, then it sounds like you may have that right - but it obviously depends what's in the lease itself.

XXXXXX XXXXX :

I hope this answers your question. If so, please do leave a positive rating.

Customer : Thank you
XXXXXX XXXXX :

Thank you and good luck with this!

XXXXXX XXXXX :

Please do rate my answer.

Picture
Expert:  Daniel Smith replied 289 days and 9 hours ago.

Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.

Accepted Answer

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Expert:  Daniel Smith replied 289 days and 9 hours ago.

Hello - sorry to raise this again, but please do take a second to rate my answer - ive changed modes for you in case you couldn't do it last time.

Cheers
Dan

Expert TypeDaniel Smith
Category: UK Property Law
Pos. Feedback: 97.0 %
Accepts: 915
Answered: 6/26/2012

Experience: JustAnswer

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