Need some advice asap re very messy landlord breach of contract.

Debz87

LeoTLion I completely understand what you are saying and this is obviously the issue now, we are in touch with the council and they know the ins and outs from our side and we understand the outcome is not going to be good and we need to get out asap.

What I don't understand is why we are at fault of this breach of planning law, it would have never crossed my mind to use a solicitor to check out if something is as it says on the tin so to speak.

Would a solicitor have access to more information than say someone who just knows where to look?

So I guess the next question is when our last months rent is due if we have not left by then and we did not pay up, what would the repercussions be? I need to know the facts and if anyone has actually done this and what the outcome was.

We will get proper legal advice asap but with bank holiday it's bad timing and just want to be a little better in the know so I can ask more specific questions when I do get to speak to someone.

many thanks

bris

Technically the LL has fulfilled the lease for the agreed 6 months, the problems with the council are irrelevant to your situation as you will not be there to be evicted by them.


Commercial leases are a different ballgame to residential ones and your rights are purely what the lease says. As it says it can be terminated at 6 months by either party then this was the risk you were always taking. Legal advice would have pointed this out to you, you need to understand the terms of the lease are whats important and any time and money invested was always a big risk by you.

thenewbee

Debz87 wrote: »

LeoTLion I completely understand what you are saying and this is obviously the issue now, we are in touch with the council and they know the ins and outs from our side and we understand the outcome is not going to be good and we need to get out asap.

What I don't understand is why we are at fault of this breach of planning law, it would have never crossed my mind to use a solicitor to check out if something is as it says on the tin so to speak.

Would a solicitor have access to more information than say someone who just knows where to look?

So I guess the next question is when our last months rent is due if we have not left by then and we did not pay up, what would the repercussions be? I need to know the facts and if anyone has actually done this and what the outcome was.

We will get proper legal advice asap but with bank holiday it's bad timing and just want to be a little better in the know so I can ask more specific questions when I do get to speak to someone.

many thanks

It is your fault because you are the 'buyers' of the lease, and property law operates in England on the principle 'buyer beware'. Before purchasing the lease you should have hired a solicitor to review the terms of the lease, investigate the title of the property, ensure the landlord is entitled to let the land on the terms agreed and for the purpose stated. That's a very basic role for solicitors advising on commercial leases, and businesses of all sizes use them for this purpose. If you had hired a solicitor then one of the first things they would have done would be ask what use you would be using the property for, and conduct enquiries to ensure that use is permitted.

If this happened and the solicitor got it wrong, you could claim any costs you've incurred from the solicitor as they would be negligent and have insurance you could claim on. As it stands you failed to get legal advice, didn't investigate the landlord's title and have ended up in this, admittedly, awful situation. Solicitor's fees would have been less than £1,000 - maybe next time it's worth paying to do it right in order to protect yourself from making the same mistake.