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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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we have a landlord who is indicating to leave with 30 days

Customer Question

we have a landlord who is indicating to leave with 30 days notice from contract without paying any penalty within a fully managed property contract. within the contract are terms of "for however long the current remains in tenancy then a fee equivalent to the management fee must be paid if owners decide to cease the contract". The position is this; we are a new company, 5 months ago, that bought out the last company and are using their contracts as it was the "landlord book" we purchased of the business, not our current contract and that's what the prior contract states as a termination charge. Are we lawful in this contract being adhered to and charge the fee to the landlord, the prior company is about to be dissolved
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

AlexWatts2013 :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return. For now please let me know what type of contract do you have?

Customer :

hi, we currently have the prior companies landlords agreement, signed by landlord

AlexWatts2013 : So you have no signed contract, is that right please?
Customer :

we have a landlords signed contract

AlexWatts2013 : Yes. This is because the Landlord signed a contract, that menas he is bound by it. You have purchased that company which means you inherit all the rights and any responsibilities involved in that. The contract states the landlord is liable for your charges as long a the tenant remains. Therefore if the tenant remains the landlord is still responsible for your charges. If he refuses to pay then you can sue the landlord for breach of contract.
AlexWatts2013 : I trust this fully resolves your question and if so could I invite you to take a moment to rate my service, as your feedback is important to me. If you need further information or help then please click rely. Alex