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Ben Jones
Ben Jones, UK Lawyer
Category: UK Property Law
Satisfied Customers: 44880
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer Question

Customer: hi are you based in the uk?
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes indeed it's about a commercial tenancy sole trader - lease on my office, can you help with that?
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to UK Property Law Experts (you only pay if satisfied). There are a couple customers ahead of you. We can help you for less if you're not in a rush. Are you willing to wait a bit?
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Submitted: 1 year ago.
Category: UK Property Law
Customer: replied 1 year ago.
I paid.
Back on 27th February 2015 I signed a commercial lease for an office with B1 status, I have recently found out that it is in fact Sui Generis, and the application for change of use to Class B1 went in on 21st January, the consultation start date was in fact the 27th Feb/same day I signed the lease. The consultation end date was 20th March by which point I was already trading and the application was refused on 2nd April, the appeal went in on 21st October 2015, all of this I found out about via googling my work address online. The tenancy agreement from my landlords solicitor as well as the heads of terms from the letting agent both state that the premises is Class B1.....I am trading illegally I know that, have I grounds to void the lease based upon these facts. I wondered why I couldn't claim small rates relief or put an electricity meter in my name.....nobody could ever find the building. The Property valuation office have put a value on the building but have told me to cease trading, I can't get hold of my landlord but have spoken to his solicitor who said that the contract was drawn up in good faith that the B1 Classification was correct, what are my options?
Customer: replied 1 year ago.
by the way I only found out that the building was Sui Generis today
Customer: replied 1 year ago.
Could you please give me an approximate time for me to be able to get a reply?
Customer: replied 1 year ago.
I would like to end my lease, are these good enough grounds to end it on? I have been told that it could possibly be misrepresentation and a breach of contract on behalf of both the letting agent who showed me the property as well as the landlord.
Expert:  Buachaill replied 1 year ago.

1. It is both an actionable misrepresentation and breach of a fundamental term of a letting agreement that the building doesn't have the planning represented, nor planning for the stated use you intended to use it for. Both causes of action give you a right to rescind the lease and bring it to an end. Accordingly, you will be able to get out of this lease if you so wish. Simply write formally to the landlord and his solicitor (or wherever the lease states is the address for receipt of notices) and state that owing to misrepresentation about the planning situation or breach of the fundamental term that the building had proper planning, you intend to rescind the lease and you are moving out. State that the payment of all rental monies will cease, and you want your deposit back. If you believe that there will be problems with the landlord and his solicitor, then I suggest you get a solicitor to write the letter of recission. However, you should realise that this is a clear case of a building not conforming with what was warranted.

2. Be aware that you can potentially sue both the estate agent and the solicitor as well as both misrepresented the situation. So you have leverage over both. Additionally, you can bring a complaint before the Property Ombudsman Service (www.tpos.co.uk) against the estate agent, or make a complaint about the solicitor to the Solicitors Regulation Authority. Be aware that you must first have complained to the firm in each case before you take your complaint further.

3. Please RATE the Answer as unless you RATE the Answer your expert receives none of the monies you have paid the website so there is no incentive to answer any further questions.

Expert:  Ben Jones replied 1 year ago.

Please ignore, posted in error

Customer: replied 1 year ago.
Thank you for your reply. I believe the letting agent was paid a 'finders fee', and having spoken with my landlords solicitor he states that he has to trust that his client gives him the correct classification at the time the tenancy agreement is written, are they still both liable for the misrepresentation in this instance too?

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