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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Unfair commercial landlord

Resolved Question:

Unfair commercial landlord
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
I have a lease restaurant with the same landlord for 13 years and have always been a good tanent, 10 years ago they allowed me to pay my rent montly, rather than quarterly as per terms of the lease. Though the new arrangement of monthly payment was not entered into the lease.
The landlord owns ten other shops in the same parade as mine and all tanents have the same arragment as I do, all pay monthly.
I was in the process of assigning my two leases to a large restaurant coffee chain shop and my landlord was over the moon, he couldn't do enough to push through the sale, soon we hit issues and I change my mind and wanted to sell to two different purchaser, the landlord bullied me into dropping that sale telling me he would not be happy with that tanent as he would operate it as a retail shop. Even though the shop had a mix use of A1/A3. So I went back to the coffee chain deal, the landlord was happy as A3 use was a higher rental value. Again the deal was off course so cut it short I withdrawn from the sale.
Now I am having big issue with the landlord as in respect of work which I done to the unit some years ago, which I have now got to reinstate, which is fine, I will do it. Though what is really hurting me now is I feel he is very upset and is still pushing me into changing my mind into selling. He has now giving two weeks notice for me to go back to a quartly rent in advance. Even though All the other tanents in the parade can continue with there monthly arrangement. I really do feel very builliy and under pressured
Expert:  Ash replied 2 years ago.
How many years have you paid monthly?
Customer: replied 2 years ago.
For about years
Customer: replied 2 years ago.
I mean ten years
Expert:  Ash replied 2 years ago.
Ok. The landlord can't just change the terms, the landlord has accepted the change in the agreement for ten years, he can not just now change it back. He needs your permission.
If he tries to change it then you can seek a court order preventing any eviction. So in short because he has accepted it for so long he can't change it back
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
He says the terms are in the lease and I must follow the terms. The landlords are a company, the one I am dealing with now is One of the directors sons, he has now taking over from is father, and he is saying there's no agreement in place. Can I complain of being bullied into this, and use the other 10 tenents as proof that they have the same agreement
Expert:  Ash replied 2 years ago.
No. He has accepted monthly payments for ten years. He can't just change it now.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Could I ask one more question I took on a lease in 2004 as a company and had to liquidate that company in 2010.
The landlord allow me take on a new lease in to a new company name and trade as normal
The question is that I have now got an issue with the landlord as he has discovered that changes had been made to the unit without his permmison and now he wants the changes reinstated by the end of the month.
The changes that were made was in 2004 by the old company and nothing had been said all those years, when I took on the new lease, no survey of the unit was carried out by the landlord.
Can the landlord inforce me to carry out those changes
Expert:  Ash replied 2 years ago.
Sadly as it's not related I need to ask you to post a new question. If you put it for my attention I can pick it up for you.
Thanks
Alex
Customer: replied 1 year ago.
DDear AlexAs to the advice you gave me regarding that I have been paying my rent to my landlord on a monthly basis, I have sent proof in writing that the landlord had sent me agreeing to me paying instalments.After Many letters back and forth to there solicitor they still say that it was not a perment agreement, the fact that the landlord assist me in difficult times does not detract from the contractual obligation and the landlord requires he to resume quarterly payments. at law the provision of a covenant in a deed prevail.I did point out to them that this agreement had been for 10 years and I had no letter telling me it was only for a short period
Customer: replied 1 year ago.
Dear Alex
The advice you gave me regarding that I have been paying my rent in montly instalments for the last ten years. I have sent a letter dated November 2009 to my landlords which they had sent to me confirming that they had allowed me to pay my rent montly.
After many letters back and forth to the landlord solicitor they are telling me that the agreement was only in place to help me get through a difficult time and does not distract from the contractual obligation, the landlord now requires me to resume back to quartly rent payment as from next month and he says at law the provisions of a covenant in a deep prevail.
So basically they are telling me I have got to pay the quartly but I can not due to cash flow.

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