Trying to hand in notice for office lease

Chopper5

I'm looking for some advice on terminating a lease for an office. I am renting an office on a large industrial estate. The 6 year lease started 6 months ago on 19th July 2012 and there is a 12 month break option, which you have to give 6 months notice.

Last week on 16th January, I wrote a letter to the landlord, informing him that I would like the lease to end in 6 months time. I gave him 2 copies of the letter in his hand and asked him to sign and date one to acknowledge he received it.

He rang me today to say that he does not sign letters. I am now concerned that I have no proof of my notice.

I have checked the lease and it says that notice must be 'in writing' and 'given by hand at the parties registered office address or at the party's principle place of business'. It does not mention it has to be countered signed, so is this ok?

From speaking to other tenants on the estate, the landlord is continually breaking promises and not submitting invoices correctly or following through on things, which is why we are leaving. So I want to make sure he can not cause trouble in 6 months when I leave.

COOLTRIKERCHICK

no flies on him then.

I would log it with your solicitor, what he said, and if he will not sign for the letter, write to him post it with recorded delivery, asking him for an aknowledgement letter for the hand delivered ( as per condition of the lease) letter reqeusting your right to exercise your opt out/break clause.

so this way you have a back up letter which has to be signed for..

If he is being an plonker, then your solicitor will advise you on your options.

The above is just my thought and opinion,

paddyrg

Maybe even make video evidence of your mailing/dropping off the letter, continuous shot showing the letter close up, todays newspaper, todays TV news, and it being delivered. No harm in a little backup in case of problems...

martindow

Isn't the OP too late to give the notice again to invoke the break clause? Six months to 19/07/13 was a few days ago.

chalkie99

martindow wrote: »

Isn't the OP too late to give the notice again to invoke the break clause? Six months to 19/07/13 was a few days ago.

Would have been OK at the date it was first submitted but, no doubt, this is the landlord's game in refusing to accept and pushing the date past the cut off time, now making the tenant liable for the whole six years.

I would definitely speak to a solicitor as a matter of urgency.

Savvy_Sue

chalkie99 wrote: »

Would have been OK at the date it was first submitted but, no doubt, this is the landlord's game in refusing to accept and pushing the date past the cut off time, now making the tenant liable for the whole six years.

I would definitely speak to a solicitor as a matter of urgency.

Actually, even before speaking to a solicitor, I would send a 3rd copy of the letter, possibly by recorded delivery, with a covering letter reminding him that you handed him the original on ... date ... and that you note his call of ... date ... saying that he does not sign to confirm receipt of letters. You trust that he is not disputing receipt of the notice, duly given at the six month break point.

Get a Certificate of Posting for that, if not recorded, but I'm thinking he may not accepted letters by recorded delivery. However, I believe that in law it's generally considered that if a letter is posted, it gets delivered, so showing that it was posted is enough in some situations.

Also, if he has an office staffed by a receptionist, you could deliver there and ask for a signature.