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Exiting a bad lease

  • 21-06-2011 5:49pm
    #1
    Qway
    Closed Accounts Posts: 2 ✭


    Have an agreement for lease in own name signed in 2000 for a commerical unit yet to be built. Never signed lease as when delivered commercial centre was a mess.

    Never improved. Was advised then to pay rent as we had occupation and not service charges. Landlord sued. We won eventually in 2009! Basis was that covenant was to be a high class centre and services provided did not standup as adequate causing us issues on enjoyment of occupation etc.

    Paid rent at time as advised to go to court with clean hands. Continued to pay rent since. No improvement.

    Issues have got worse and am at stage where straw has broken camels back and I just want to walk away. Issues very very serious, unprintable stuff.

    Landlord in NAMA and thus no longer capable or willing to manage centre . Lots of tenants in dispute. Service charges owing to management company are five years costs - basically its insolvent and can't perform its agreement.

    15 years to go on lease. Who thinks I can walk away.


Comments

  • #2
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    Who thinks he should get a solicitor?


  • #3
    Qway
    Closed Accounts Posts: 2 ✭Qway


    234 wrote: »
    Who thinks he should get a solicitor?

    Hi 234, have one. Have already done legal route and won, but landlord having lost is then meant to perform but does not, so my only route is back to court and make solicitor wealthier (which I would not mind if I got a result). Proving landlord did not perform does not make him perform just makes me feel law has no real teeth in such circumstances.


  • #4
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    I assume a mandatory injunciton was granted instead of damages? If so they are notoriously hard to enforce and your solicitor can provide more detail. On the issue of the law having no teeth in these situations; this is true to an extent but locking somebody up for a private dispute between individuals would be a step to far (not that I'm saying that you were suggesting that).


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