How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Law Question Here...
Stuart J is online now

my commercial lease has expired and I have vacated premises

Customer Question

my commercial lease has expired and I have vacated premises and handed back keys to agents and they have accepted them on a without prejudiece basis. I have No rent arrears. They advise they are re-marketing the premises. They are now saying i have to issue a section 27 notice and am responsible for 3 months rent, service charges and utilities. My business has closed with a huge loss. I have no money. Where do I stand.
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Do you have a specific question?
Customer: replied 3 years ago.


where do I stand legally, what can I do about above lease, I am oap and only receive state pension

Customer: replied 3 years ago.


please help and reply to ref 12873503-250

Expert:  Stuart J replied 3 years ago.
So the lease expired 6 years ago but you carried on paying rent. One day you just shut the door and walked away and gave the keys back without giving any notice?
Customer: replied 3 years ago.


yes as I felt the lease had expired and had no word from landlord and I was paying monthly. I have no money. I have never been in arrears.

Customer: replied 3 years ago.


did not know about notice as lease had expired, thought it ok as no rent arrears and never informed about having to serve notice.

Expert:  Stuart J replied 3 years ago.





I am afraid that ignorance of the law is no defence.

If you have moved out on the last day of the lease or before, there would
have been no problem and you would not have to love given notice. However
because you have carried on after the end of the term of the lease, you have to
give three months notice.



If you read here, the paragraph headed "Vacate in on the last day of the
fixed term" http://www.netlawman.co.uk/ia/lease-quit



it explains a little more detail.



You are liable for three months rent in lieu of notice

 

You are however not liable for the utilities (but you are liable for the business rates) once you have given notice to those companies and the meters have been read

I appreciate that this is not the answer you wanted but there is no point
in me misleading you



Can I help further?





Please bear with me today and over any weekends
because I will be online and off-line.

Please don't forget to positively rate my answer service (even if it was not
what you wanted to hear) and I will follow up any further points you raise for
free.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask me for further info before rating me negatively otherwise I don't
get paid at all for my time and answer.

Customer: replied 3 years ago.

thankyou for your answer but what is my position if i have no money to pay

Customer: replied 3 years ago.
Relist: Incomplete answer.
want to know my position as I have no money
Expert:  Stuart J replied 3 years ago.




I am afraid that this is not an instant service because we all have clients
and court and all users and travelling and evenings and weekends, so sometimes
you will get a response in minutes and sometimes it may be hours.

The landlord can chase you for the money and if necessary issue court
proceedings to sue you and get a judgement. Once he has a judgement, if you
have a property, he can get a charge against the house or other assets.



If you have no assets, and you owe over £700, he can apply to court to make
you bankrupt.







Can I help further?



What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions