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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11139
Experience:  30 years as a practising solicitor.
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Two years ago the then owner of a small independent school

Resolved Question:

Two years ago the then owner of a small independent school decided to close the school because it was not making sufficient money. The teachers formed a limited not for profit company and agreed a lease with him to last for 3 years at an increasing annual cost. The last year of the lease starts in Sept 2015. The landlord has been running a nursery on the ground floor of the 3 storey building. There is increasing demand for nursery places. He has asked for some of the upper rooms back so that he can expand the nursery. We, the teachers, do not want to give up rooms at this point. We are in the position o fbeing able to consider buying property to move the school into next year. We are not financially able to move yet. If we give up the rooms as asked we will not be able to continue our expansion over the next year. Can the owner make material changes to the agreed lease if we have not failed in any way to meet all requirements.
Submitted: 2 years ago.
Category: Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Is there a written lease clearly specifying the extent of the property leased to the teachers' company?
Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

Yes the original lease stated the rooms which we would use. The owner is offering a reduced rate if we can reach a compromise. If we accept that are we then open to anything he wants. If we accept compromise changes but still pay the new rate are we allowing him to make changes?

Expert:  JGM replied 2 years ago.
If there is a formal lease in respect of the rooms and there is nothing in the lease which allows either party to vary that, then the owner can't insist on a change. That could only be done with the agreement of both parties to vary the existing lease.
If you do reach a compromise, any written variation should make it clear that no other variations are agreed nor are they implied between the parties.
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