Business property lease

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kellym

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Post by kellym » Sun Oct 14, 2007 12:39 pm
Wow its all happening this weekend !

Ok so next question, we are in a lease agreement on a business property (that fialed) for the next 5 years landlord has been good as since weclosed the shop (June) we have not paid any rent and were already in arrears. He has now asked us for the keys to show estate agents round however we are unsure what to do so we said no so he then asked us to show estate agents and viewers round! He wants to put the property for sale as untennented however can he legally do this without releasing us from the lease? we have said if he releases us from the lease we would clear arrears and he could have keys back to sell the property.

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Adam Davies

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Post by Adam Davies » Sun Oct 14, 2007 8:19 pm
Hi
I would think that you are better to work with your landlord and help him re-let the property.
He could legally chase you for the oustanding lease obligations,as Soulgrowth will confirm.
If they re-let the premises they may feel that they will not bother to chase you for the outstanding lease.
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Andy Davie
IVA.co.uk Spokesperson

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Soulgrowth

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Post by Soulgrowth » Sun Oct 14, 2007 8:51 pm
Kellym ... you are sooooo lucky ... give him the keys immediately! As Andy says I am in the position where I may be made bankrupt by my landlord who even though he has got our closed shop premises up for re-let will not allow us to suurrender the lease and is chasing us for EVERYTHING he is entitled to ... along with dilapidation etc. etc. I have also been advised that he is entitled to come after me for the remainder of the WHOLE lease outstanding i.e £14,000pa for another seven years!

He has already taken me to court and I have been forced to hand over £12,000 from my re-mortgage funds which were to be offered as a F&F. We tried sending the keys back to him a few months ago and he returned them, as by accepting them he was allowing us to surrender the lease.

I am really envious of you kellym ... get out while you can

Debbie

www.babynamings.co.uk

www.soulgrowth.co.uk
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kellym

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Post by kellym » Sun Oct 14, 2007 11:39 pm
Hi I dont think I made it clear in my thread so I will try again sorry. The landlord does not want to re-let the property he wants to sell the building and in the meantime make us pay rent. He wants keys back to show estate agents round not to let us out of the lease (I wish he did). I agree we do want to do everything we can to help but is it legal for him to put the property on the market and list it as untennented? would this not break our contract?

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kellym

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Post by kellym » Sun Oct 14, 2007 11:44 pm
Soulgrowth I feel where you are coming from. Was it a failed business that put you in debt if you dont mind me asking? Its an awful time but I just keep thinking things can only get better. We have lost everything we ever had trying to make a shop work and it was scary how debt soon mounted up. hope your landlord see's some sense and releases you as he would get nothing if you were forsed BR would he?

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Soulgrowth

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Post by Soulgrowth » Mon Oct 15, 2007 9:31 am
Hi Kellym ... it was a downturn in the retail market that caused me to advise my daughter to cut her losses now as the shop was becoming a big, black financial hole. What started out as a family business a few years back I transferred to my daughter at the beginning of last year as, being a sole trader, this was the most likely way of keeping it going. Then, unbeknown to me as she didn't want to upset me, she got behind with the lease payments so that she could invest in stock ... that financial cycle if if you 'aint got it, you can't sell it, to make the money to pay the lease [:(]

When I realised what had happened I advised her to have a major 'closing down' sale and get out whilst she was still afloat. The lease though is still my responsibility which is why the landlord is chasing me.

As far as I believed, if the landlord accepts the keys from you he is essentially saying that "I am allowing you to surrender the lease" ... but you will need an expert to confirm this.

Debbie

www.babynamings.co.uk

www.soulgrowth.co.uk
Debbie
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