Trying get out of commercial lease

Chocholic7

Right I have 2 years left on my commercial lease. The premises is disgusting. I took it over in summer time & looked ok to start off business but once cold weather hit that's when all changed. Mould, dampness, cold, you honestly can't heat the place & electrics in 2 main rooms not working. I've notified landlord about this back in October & they said they'll do the work that month. Nothing. Rang every week up until Christmas & they kept saying will be done soon. Seen solicitors & advised get new premises as that's not fit for my business purpose. Anyway give in my notice and of course their solicitors at me now saying I have a lease there so can't leave end of. It's being dealt with by solicitors but landlord not budging and refusing to let me go. This could be going on for weeks if not months & I've lost so many clientele Coz of the premises (it's a salon & any complaints I got I have asked them to put in writing). Do I just throw them keys & be done or what?? Really need opinions please

Delacent

Get your solicitor to see if you have an arguable case.

Give LL 14 days to correct the issues as issues such as that are to do with the physical building and should be the responsibilty of the landlord.

If LL does not correct the issue give a further 14 days notice that you are quitting due to the state of the building "frustrating" your ability to trade.

If you feel you ahve already give the LL enough chance you could simply walk out and say that their lack of response has damaged your business and amuunts to "frustration to trade", hence to protect your business you have no alternative but to relocate.

Very important to give proper reason for vacation and to pay rent up to date you leave. This gives you an "arguable case" should the LL take any court action and very much go in your favour. Once you have an arguable case it is unlikely any action will be taken due to the costs of legal action and that there'd be a strong chance you would win the case.

Solicitors will always use bully tactics, so I wouldn't be overly concerned with what they say. Very important to use your own solicitor to respond.

Chocholic7

Ya I went to my solicitor immediately once their ones wrote to me. She in discussion with them the last few days and they aren't budging at all saying I have stay here and that's that. When I gave them my notice I informed them it was due to electrical work & renovation of premises that they promised to do back in October which never happened and fobbing me off so I found another premises, have it done up, good as ready to go now, just this in my way. I feel I gave adequate notice as I did advise them I was going look for other premises if nothing done back in October but they told me the contract was tight and I have no way out. All my rent is paid up to date and I gave notice which I am suppose to leave next week but unsure what to do now. I would prefer to throw keys at them and let them come after me if they want. I have written complaints about premises, pictures or all work that needs be carried out (forgot mention too that the ceiling is actually peeling also) and all dates of when I contacted them regarding the premises.

Bandara

Chocholic7 wrote: »

Ya I went to my solicitor immediately once their ones wrote to me. She in discussion with them the last few days and they aren't budging at all saying I have stay here and that's that. When I gave them my notice I informed them it was due to electrical work & renovation of premises that they promised to do back in October which never happened and fobbing me off so I found another premises, have it done up, good as ready to go now, just this in my way. I feel I gave adequate notice as I did advise them I was going look for other premises if nothing done back in October but they told me the contract was tight and I have no way out. All my rent is paid up to date and I gave notice which I am suppose to leave next week but unsure what to do now. I would prefer to throw keys at them and let them come after me if they want. I have written complaints about premises, pictures or all work that needs be carried out (forgot mention too that the ceiling is actually peeling also) and all dates of when I contacted them regarding the premises.

Are you a limited company?

Chocholic7

Bandara wrote: »

Are you a limited company?

No I'm a sole trader

Delacent

You are responsible for internal decoration, so ceiling issue would not be valid nor would electrical issues.

Only issues with the fabric of the building are the responsibility of the landlord, so you need to concentrate on mould and other issues concerning the building itself.

Possibly get someone (surveyor) to do a report on the building and hopefully they will say it is unfit.

Chocholic7

Delacent wrote: »

You are responsible for internal decoration, so ceiling issue would not be valid nor would electrical issues.

Only issues with the fabric of the building are the responsibility of the landlord, so you need to concentrate on mould and other issues concerning the building itself.

Possibly get someone (surveyor) to do a report on the building and hopefully they will say it is unfit.

Oh I thought the likes of electrical problems like wiring was their responsibility? As I got someone in to check the 2 rooms that bulbs constantly blow and he said thats the landlords responsibility to get it rewired as it's an old building. I'm getting an engineer out this week have it arranged as they also advised me now to get fire safety officer out as no fire safety precautions are in place. That was the last thing I even thought of. Hopefully it is resolved soon.

Delacent

Chocholic7 wrote: »

Oh I thought the likes of electrical problems like wiring was their responsibility? As I got someone in to check the 2 rooms that bulbs constantly blow and he said thats the landlords responsibility to get it rewired as it's an old building. I'm getting an engineer out this week have it arranged as they also advised me now to get fire safety officer out as no fire safety precautions are in place. That was the last thing I even thought of. Hopefully it is resolved soon.

It would depend on what the lease says, but a normal commercial lease would mean responsibility for all internal issues are with the tenant whereas issues with the building itself is with the landlord.

Your best bet is to get someone to say that it is a health risk due to damp / mould.

Chocholic7

Delacent wrote: »

It would depend on what the lease says, but a normal commercial lease would mean responsibility for all internal issues are with the tenant whereas issues with the building itself is with the landlord.

Your best bet is to get someone to say that it is a health risk due to damp / mould.

That's brilliant thank you so much for all your help I feel somewhat relieved from all your advice ☺