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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13323
Experience:  Solicitor with more than 30 years experience
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i need to cancel a 10 year lease which only started on 2nd

Customer Question

i need to cancel a 10 year lease which only started on 2nd feb 2013
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
Why do you need to cancel it? Legally if you have entered into a lease you cannot cancel it , you can only assign it.
Customer: replied 3 years ago.


i need to cancel it as two other tennants in the complex have been making it untenable to stay by spreading lies about our business and us causing customers to stay away and problems with suppliers that we share.


 


Our takings have dropped so badly its like the door has been locked.


 


One even comes down to our shop ranting and raving saying i shouldnt use his suppliers( trade suppliers ) this when people standing out side our shop causing shoppers to walk away.


 


They have also spread the lies around other business owners in the area which in turn has had a negative effect on our business because no one will refer customers to us.


 


We only moved in in february and opened on the 23rd it was all going great for first few weeks until they started, I now thing we have made a mistake moving into the complex and our business will fail if we carry on there. In my view the only way is to move out and terminate the lease due to our business being untenable in that location and moving else where

Expert:  Senior Partner replied 3 years ago.
Thank you for the further information. You cannot unfortunately simply terminate a lease agreement. If you have entered into a 10 year lease it is binding and you can only assign it. The other tenants conduct is unacceptable and sounds as if it amount s to harassment. If they have the same landlord you can complain to the landlord and demand that he takes action because their conduct amounts to an interference with your right to "quiet enjoyment of the premises". If the landlord refuses to do anything then you might be able to break the lease.

If they do not have the same landlord then I am afraid it is not your landlords problem.
It could however amount to criminal conduct if they are harassing you. Have you spoken to the police?

You should also get a solicitor to write to them demanding that they stay away from your premises.

In any case you need to keep written records of the harassment and you need to put all your complaints in writing.
Customer: replied 3 years ago.

i have approached the local bobby on the beat and he said to keep a diary everything which i am now doing.


I have also approached the lease holder representative to explain what has been going on and im waiting for a reply.


 


I still have concerns that my business is on a path to fail now with the lies that they have spread, when muck is spread muck sticks !! and for a new business its destroying us so 10 year lease or not.. i can see us either terminating it now or failing to fullfill the lease.

Expert:  Senior Partner replied 3 years ago.
I sympathise but legally you cannot terminate a lease in these circumstances and you could be liable for the rent for the full term in theory if you walk away. You have done the right things but you have to wait to get a response from the landlord and chase them as hard as possible. Make sure you keep everything in writing.

Get a local solicitor to write to them and threaten them if it s only one tenant causing the problem - you could get an injunction to restrain them and that may be cheaper than walking away from the lease.
Customer: replied 3 years ago.


ok will keep chasing but with 10years and a small village / town customer base i think im loosing out either way :-(

Expert:  Senior Partner replied 3 years ago.
Is the other tenant a competitor? Perhaps you can launch some sort of counter attack - within the law of course. Hire people to stand outside their shop handing out leaflets or something?

Good luck resolving this.
Customer: replied 3 years ago.


were a toys n gagets shop they sell toys for younger kids when were to the older market the other shop is a model shop and we sell radio controlled stuff and share the suppliers, to be hinnest its very childish the way they are acting ...

Expert:  Senior Partner replied 3 years ago.
It sounds as if there should be an opportunity to cooperate not fight and as you say it is very childish. I winder if it is not possible to find an intermediary who can mediate for you but good luck in sorting it out

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