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Jamie-Law, Solicitor
Category: Scots Law
Satisfied Customers: 4679
Experience:  Solicitor
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I'm in a commercial lease at the moment and I missed the 6

Customer Question

Hi I'm in a commercial lease at the moment and I missed the 6 month break clause notice period. I need to get out of the least especially with the rent going up. Is there anything I can do?
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: Hello
JA: Hello. What do you want help with?
Customer: I'm in a commercial lease, I was supposed to give 6 months notice to use my break clause in July and I missed it. I need to get out of my lease as I can't afford it anymore. Is there anything I can do?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: I'm in the uk
JA: Has anything been filed or reported?
Customer: No nothing
JA: Anything else you want the lawyer to know before I connect you?
Customer: No that's it thanks
Submitted: 10 months ago.
Category: Scots Law
Expert:  Jamie-Law replied 10 months ago.

Hello my name is ***** ***** I will help you with this.

How long are you tied in for? Wont the Landlord release you now if you cant afford it?
Did you sign as company or individual?

Customer: replied 10 months ago.
The lease is for another 2 years with the rent going up each month. I'll attach a copy of the HOTs.
I haven't spoke to the landlord yet as didn't want to say anything that might jeprodise getting out of the lease.
Expert:  Jamie-Law replied 10 months ago.

This ends in 2 months anyway, doesnt it? Commenced Jan 15

Customer: replied 10 months ago.
It's a 4 year lease
Expert:  Jamie-Law replied 10 months ago.

I dont know why I had thought it was a 2 year lease, not sure why.

However I have looked at what the lease says and I can't see how you can get out of this.

The break clause was not activated and you are tied in. If you had signed as a Ltd company then you would not have been personally liable, but I am sorry to say that as you signed it in person you are.

Therefore the only way of getting out is by negotiation with the Landlord.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
How would I go about negotiating it with the landlord? Would it be worth saying that I thought the 6 months notice was supposed to start from January?
Expert:  Jamie-Law replied 10 months ago.

You could say that but the Landlord may just say, well you should have read it.

Just be up front, you can't afford it, the business will go under and he/she wont get anything.

Better to have someone in who can pay the rent rather than a tenant who cant.

Does that clarify?

Customer: replied 10 months ago.
it does.
Expert:  Jamie-Law replied 10 months ago.

Im sorry its not better news.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!