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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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I owned a warehouse sited on a large piece of land and arranged

Resolved Question:

I owned a warehouse sited on a large piece of land and arranged a lease with a company for them to site a hoarding board on the end gable wall with a 99 year lease. I received a premium of £25,000. In 2007 the property burnt down and was left standing but was dangerous. The Local Authority sent out a engineer who said it was too dangerous and must be pulled down including the wall with the hoarding board. There is a clause in the lease which states "Compensation for removal of the hoarding - If the Local planning Authority or any other competent Authority remove or require the removal of the Hoarding then, on written notice given by the tenant to the Landlord, The landlord shall forthwith repay the premium to the tenant" At the time i didn't serve notice or re-pay the tenant. Am i still within my right to serve the notice now on the grounds that the Local Authority instructed me to take the wall and hoarding down as it was unsafe and then pay the premium of £25,000 in order to finish the matter and the tenant to surrender the lease?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Luke, you are still within your rights to serve the notice and to repay the tenant the premium even though there has been a lapse of time since the date the Local Authority required you to demolish the building and the wall with the hoarding. This is because the contract has been frustrated by the Local authority requiring you to take down the wall with the advertising hoarding. You can serve the notice and repay the premium and you are within your contractual rights to do so. The tenant will then be obliged to surrender the lease. This will bring the arrangement to an end.
Expert:  Buachaill replied 1 year ago.
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