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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I have a court process question related to having

Resolved Question:

I have a court process question related to having a commercial lease ruled as surrendered by operation of law.
The landlord, on the face of it, doesn't dispute the lease was surrendered when he let others into occupation, changed the locks etc, because he hasn't made any claim for rent or tried to enforce the terms of the lease since then (some 4 years ago). However, neither will he provide a deed of surrender which leaves the status of the lease ambiguous. He exploits this ambiguous state when utility companies (for example) chase him for costs related to the premises between tenancies by stating that the lease is subsisting and I am liable for those costs!
I would therefore like to have the lease ruled as surrendered and have prepared a witness statement and supporting evidence. But my question is, can I just make a court application (eg form N244) to achieve this or do I need to start a "claim" (eg Form N1). I am not making a claim for damages at this point, I just want the lease ruled as surrendered.
Thanks for your help!
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
You can't use form n244 you must start using form n1
Can I claorfy anything for you about this today please?
Customer: replied 1 year ago.

Thanks very much for this information.

Form N1 asks for the value of the amount being claimed. In my case, I am not claiming anything of value, other than the cost of the application. So can I confirm that N1 is the correct form to start and I simply put "0" as the value of the claim before costs?

Thanks very much!


Expert:  Ash replied 1 year ago.
Yes just leave it blank Simon.
Does that help?
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

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