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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I have a 3 year lease on commercial property with a 12 month

Customer Question

I have a 3 year lease on commercial property with a 12 month break clause
I e mailed the landlords agent with notice and I posted termination to their solicitor
Solicitor will now not accept even though he admits receiving as contract states registered post must be used
He has now hand delivered a letter saying I am liable for the lease for the remaining two years. This is because I did not follow the procedure of registered post
Please help I am closing the business due to illness
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

Sorry to hear about this.

If they have received your termination notice, then it should really not matter whether you sent it registered or not and a court will see them as trying to penalise you on a technicality and in my opinion, throw out their claim.

You should simply proceed to wind up your business, treat the lease as cancelled in line with your notice and reply to the solicitor that as far as you are concerned, notice was received by them and that you are not liable to pay for the 2 years remaining.

If they take court action for the money, you should defend the claim in court.

All the best
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank u
We are being accused of acting in contravention of our lease by way of
Subletting
This is not the case but if it were proven what course of action are they likely to take ??
Ie would we be liable for the lease term or would they cancel the lease and evict us
All rent is paid and up to date
Expert:  UKSolicitorJA replied 3 years ago.
Subletting if prohibited in your lease would mean that you are in breach of contract and they would need to show what damages they have suffered as a result of the breach.

They may terminate the lease if you are in breach.

All the best