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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience:  Over 5 years in practice
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I am renting retail premises from my landlord in a shopping

Resolved Question:

i am renting retail premises from my landlord in a shopping arcade where i am the sole tenant with all six of his units rented to me and we want to now rent the common hallway between the units ( which is unoccupied and its unrentable to anybody ) in order to join both sides of the shopping arcade into one single large shop . we have offered landlord £15 per sq.ft.He is asking £45 / sq.ft.Can i force him to accept £15 claiming its unreasonable of him to claim more when he cannot let out the common area to anybody else in the world except for me .
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I am sorry but you cannot.
Nobody can be forced to contract with anybody and it is as simple as that. He is perfectly free to be entirely unreasonable and act contrary to his own interests if he wishes. it is not a good idea but he can do so.
I'm afraid there is nothing positive I can say on the point. He cannot be forced to entier into a new contract with you.
I'm very sorry.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

well he wants to merge all the current 5 leases for the 6 individual units into one lease as well as adding in the common area into this one new proposed lease and he wants to CHARGE A FLAT-RATE OF £45 for the front part of the shop that faces the street as well as for the middle part of the shop and as well as for the rear part of the shop, knowing full well that all shops need rear space for a small office and or storeoom toilets etc so how can he charge the same commercial rate flatly to all parts ?

Expert:  Jo C. replied 1 year ago.
He can redetermine the agreement as he wishes if your other has come to an end.
He doesn't need to justify it.
A contract is only what two people agree. There doesn't need to be any merit to it.
Customer: replied 1 year ago.

well the leases haven't come to an end yet but they are coming up separately for review.

is he entitled to ask for one single lease instead of for say the current 5 lease plus one more for the common parts which he isn't offering us he's only offering the common area lease as part of one single merged lease.

we want 6 separate leases so we are not tied up as much as in one fixed lease with one and the same rent and one fixed term. are we entitled to this ?

Expert:  Jo C. replied 1 year ago.
No.
You cannot demand to vary the contract for the reasons above.
However, neither can he.
if you currently have a lease to do X then he cannot vary it unless you agree.
Customer: replied 1 year ago.

so we can negotiate him down if he wants one single lease., which is what he prefers from us , so in exchange to us agreeing one lease , we can ask for a much lower rent for the common parts.

what if he gives us 6 separate leases , can we still negotiate down the rent as he is giving us one what we want and he will ask for something from us in exchange , such as a higher rent ?

Expert:  Jo C. replied 1 year ago.
Yes, you are perfectly free to negotiate.
You can negotiate over absolutely anything you like.
Neither side can demand it though.
But if he wants something and you want something else then that is a classic negotiating position.
Customer: replied 1 year ago.

what can he in law do to us if we physically join the 2 units by closing the common area with a large piece of glass without his authority , can he sue us to take it down ?

Expert:  Jo C. replied 1 year ago.
Yes, and he can recover costs.
Whether he will or not is another matter but he could.
Customer: replied 1 year ago.

are there any precedents where a landlord has been forced to negotiate down a rent to AN UNUSABLE COMMON AREA and which criteria did they apply to effectively make him negotiate down the rent ?

Expert:  Jo C. replied 1 year ago.
No. Nobody can be forced to negotiate anywhere in the UK.
He is perfectly free to rely on the lease as it is. So are you of course.
What he cannot do is vary it without your agreement.
I'm happy to continue with this but please leave feedback for my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
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