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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10176
Experience:  Barrister 17 years experience
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Is this commercial lease legally binding? - My wife rents a

Customer Question

Is this commercial lease legally binding? - My wife rents a shop premises and has a lease for 1 year. She wants to leave the shop before the end of the agreed term. Since signing, she has discovered that the shop is owned by the ex-husband of the owner in who's name the lease is titled. So the property is owned jointly by two people and only one of them is on the title of the lease. The lease was offered to me wife without the prior consent of this other party. Now that the ex-husband is aware that this has happened, he wants his share of the rent. So is the lease legally binding, or can these circumstances allow my wife to exit before the full year term? Also the property has been put on the market for sale by the owners, which is creating a disturbance in the short term to trading. I would also imagine that it cannot be fair that they want to extract rent at the same time as seek opportunities for a buyer?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.

Hi Nicola

Please keep searching

Thanks

John

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 1 year ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 1 year ago.

Yes please continue

John

Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Buachaill replied 1 year ago.
1. There are two issues here. Firstly, the issue of whether your wife can extract herself from the lease, because only one of two owners was named on the lease. I regret to say your wife cannot resile from the lease merely because one of the two owners was named on the lease. So long as the owners are happy with the lease being in existence, then your wife is bound by it once she signed it. YOur wife cannot rely upon some infirmity on the part of the other side to the lease to extract herself from it.
2. Secondly, there is a covenant for peaceable enjoyment attached to every lease. Accordingly, if your wife suffers harm, loss or damage because her quiet enjoyment of the property is being interfered with she can sue for damages. However, this does not entitle her to with-hold rent. She has to raise an independent claim in court and detail the interference with the quiet enjoyment.

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