UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law

We are in the last year of a 10 year lease of a shop premises

Customer Question
and the current new landlord...
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: 6 years ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 5 minutes by:
6/10/2011
Solicitor: Thomas, Lawyer replied 6 years ago
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,635
Experience: BA (Hons), PgDip, Practising Solicitor
Verified

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

Ask Your Own UK Law Question
Customer reply replied 6 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
Solicitor: Thomas, Lawyer replied 6 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

Ask Your Own UK Law Question
Customer reply replied 6 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)
Solicitor: Thomas, Lawyer replied 6 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
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,635
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Thomas and 87 other UK Law Specialists are ready to help you
Ask your own question now
Ask Thomas Your Own Question
Thomas
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,635
7,635 Satisfied Customers
Experience: BA (Hons), PgDip, Practising Solicitor

Thomas is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,196 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,756 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,490 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

7,635 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
When I file for small claims court in London and date set,
When I file for small claims court in London and date set, what if i can't be there as I am working overseas? Can I ask someone to act on my behalf?The reason for not filing at the moment as I have a … read more
Jamie-Law
Jamie-Law
5,359 satisfied customers
Ben, I live on an unadopted highway near a train station.
Hello Ben, I live on an unadopted highway near a train station. Residents are responsible for the maintenance and upkeep for the road (upto middle and width of property) However, it's a highway and th… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
My friends downsyndrome sister recives disability living
Hi my friends downsyndrome sister recives disability living allowance which is now being transitioned to PIP but she has nevet claimed income support. Is she entitled to income support as she herself … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,612 satisfied customers
I've been asked to go to an interveiw under caution for
Hi I've been asked to go to an interveiw under caution for suspected benefit fraud. What it was is I applied for housing benefit that I am entitled to as single mum and working tax. But what I didn't … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,612 satisfied customers
My mother died intestate last July, she lived with my sister
My mother died intestate last July, she lived with my sister who I'd fallen out with some time ago, my brother contacted me on Boxing day and told me my mother had informed my sister that I wasn't to … read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,846 satisfied customers
My friends downsyndrome sister recives disability living
Second opinion] Hi my friends downsyndrome sister recives disability living allowance which is now being transitioned to PIP but she has nevet claimed income support. Is she entitled to income support… read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
Family mater get in ex girlfriend out of my property. What I
Family mater get in ex girlfriend out of my property … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
My ex wife is wanting to take our 4 year old daughter on
Hi, my ex wife is wanting to take our 4 year old daughter on holiday, that in it's self I have no issues with. I have asked my ex wife for a child travel consent form outlining details of the holiday … read more
ivorylounge
ivorylounge
38 satisfied customers
I ordered 5 items online, and paid for them. there then
I ordered 5 items online, and paid for them. there then followed a series of emails from the seller, sayting that the item was being 'tested', and that one of the colours I asked for was not available… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
Please can you advice me what will likely happen with the
Hi please can you advice me what will likely happen with the following.In March me and my partner of 6 years had a domestic argument. She drank every day and often came across in my face and argumenta… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,612 satisfied customers
We have a survey to establish employee satisfaction and our
Hi thereWe have a survey to establish employee satisfaction and our department came last.My manager has just told me that I am being made to improve the score in the next two to three months and if I … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
I have not been paid for some consultancy work i did for an
I have not been paid for some consultancy work i did for an agency set up to manage a United Nations project. They claim the client will not pay them so they are not in a position to pay me. The agenc… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,666 satisfied customers
I hope so. UK. Letters written, complaint filed with
Letters written, complaint filed with solicitor concerned.... Ideal outcome would be to compromise/mediation... … read more
ivorylounge
ivorylounge
38 satisfied customers
I, and one of my executors have changed our address since I
i, and one of my executors have changed our address since I made my Will. Do I need to modify myh Will or will a codicil do? … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
If I have a complaint about my solicitors bill and after
If I have a complaint about my solicitors bill and after exhausting their complaints procedure and my complaint is then bing investigated by the legal ombudsman, does the interest on the bill freeze u… read more
Jamie-Law
Jamie-Law
5,359 satisfied customers
I want to know if my employer can tell me not to come in
i want to know if my employer can tell me not to come in anymore … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
I recently moved my mother to live with me in May last year
I recently moved my mother to live with me in May last year as she has mixed dementia and has increasingly needed more support. I sold my home to purchase a larger house with an annexe to house my mot… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,205 satisfied customers
I am trying to find out if copywrite exists on car adverts
Hello I am trying to find out if copywrite exists on car adverts from th 20's to the 50's. The car company was wound up. not absorbed in the mid 1960's … read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,702 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x