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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have an 8yr lease of a shop. I cannot afford to keep the

Resolved Question:

I have an 8yr lease of a shop. I cannot afford to keep the shop open anymore. The lease states that if I default, the lease goes back to the previous leaseholder. Can I be sued in any way. All rent and utilities are paid up to 30th Sept.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you,
Is it in a business or personal name, the lease please?
Customer: replied 2 years ago.

I replied saying the lease is in my name, not the shop.but have had no reply.

Customer: replied 2 years ago.
Relist: Incomplete answer.
01243 827061.
Expert:  Ash replied 2 years ago.
You relisted this so it dropped out of my list.
Does the lease say you are liable for any lost rent etc?
Customer: replied 2 years ago.

Yes. The landlord is saying that even if I close the shop for trading, I must still pay rent. The lease does say ,however, that if I default, the lease can revert back to the previous owner. Jeanette.

Expert:  Ash replied 2 years ago.
Have you signed a lease personally?
Customer: replied 2 years ago.

Yes.

Expert:  Ash replied 2 years ago.
Ok. The problem you have is this, he lease says you must pay the rent until the end, which is right. If the lease however reverts back it is likely that the previous owner would sue you for the rent, this is because I assume you agreed to take over the lease.
So of it is not claimed by the landlord it's likely you will be claimed against by the previous owner. But you can out this off from the landlord as the lease is clear, it reverts to the previous owner.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

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

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex