We need to close the business without incurring court expenses and without losing any more money.
It states that we have to give 6 months notice:
Your right to end the Tenancy
You may end this Tenancy by giving us written notice on the sixth, twelfth, eighteenth, twenty fourth and thirtieth month anniversary of the Term start date 19 March 2012 and this tenancy will end on a date not less than six calendar months after we receive your notice.
You may only bring this Tenancy to an end under this caluse if you are up to date with your payments to us and are not in material breach of any of your obligations to us, both at the time that you serve the notice and upon expiry of the notice.
Our right to end the Tenancy
In this section there is a clause 'If you become insolvent' but we have been told that we are not insolvent as the brewery fixtures and fittings are worth £13,500 and my car etc would be taken into this equation.
We are partnership and the lease is in both names:
Mr Graham Peter Hughes and Mrs Jill Hughes
We will pay the rent for 6 months if necessary but cannot afford to trade as pub. Brewery are saying we have to trade until our tenancy ends but we have no money to do so, as everyday we are open costs us money in utilities etc.
I have read the agreement and can find no mention of having to continue trading but it does state in Business Obligations:
you must conduct the Buisiness from the property for the minimum trading hours each day.