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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I'm a sub-lessee of a restaurant and on 15th Feb, the Freehold

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I'm a sub-lessee of a restaurant and on 15th Feb, the Freehold Landlord locked us out and changed the locks. He says that on 15th Jan he wrote to the Lessee that there was money owed for Roof repairs (£6900) and rent arrears of £7,070.
He's put a notice up saying the Lease forfeited due to rent arrears.
In the lease it does not say that the Lessee will forfeit the lease if in arrears, but instead it says that he will be charged interest at 5% above Lloyds TSB rates if in arrears after 21 days of due date, which was 25th December, 2015.
The Lessee had defaulted in January 2015, but the Freehold landlord let him sub-lease it to me in April 2015.
I paid £12,000 of the Lessee's debt and the Freehold landlord let thge lease continue under the names of the original Lessee, but allowed me to pay the rent weekly, initially, and then monthly in arrears, instead of £3000 in advance of the quarter.
Does this mean he waived the right to forfeit the lease because he allowed it to continue?
I was up to date with the rent until 31/12/15 and was about to pay for January when he sent the Lessee warning him of Legal action.
So while we were discussing all this verbally with him, he, without warning made a peacefully entry and changed the locks.
It is not clear on the lease that the Lessee has to pay for the roof repairs, which the Freehold landlord got done, without showing us any surveyor's reports or builder's quotes.
I can pay my £3000, for Jan, Feb and March, but he is insisting on getting the full about £15000.
Can we get relief from forfeiture while the roof repairs are sorted? But hasn't he already waived his rights to forfeiture?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Does the original lease say the Landlord has right of rentry if rent/charges are late?Alex
Customer: replied 1 year ago.
No it doesn't. As you can see in the attached Lease, it say if the rent is late then there is 5% interest above Lloyds TAB base rate.
Expert:  Ash replied 1 year ago.
Ok - then if that is the case the landlord has not acted in accordance with the agreement and indeed is in BREACH of contract.Therefore you can and should apply for relief from the Court. You need to complete form N5A:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005a-eng.pdfThe court will list the matter for hearing and decide whether to give relief. But at the same time you can also sue the Landlord for breach of contract. The Landlord ONLY has a right of re-entry if the lease allows it.The lease does NOT and therefore the Landlord is in breach.Can I clarify anything for you about this today please?
Customer: replied 1 year ago.
How do I start the section headed, Particulars of the Claim. on form N5A? Do I start with the wording, "Breach of agreement...."?Is there anyway I can get access to the building quickly, because we've lost nearly 3 weeks of turnover and bad bame because of the notice from the inside of the window saying we have forfeited the lease?
Expert:  Ash replied 1 year ago.
You say you are seeking relief and then briefly outline the facts.You can say you are suing for breach of the lease agreement etc. Relief cases are listed very quickly indeed.
Expert:  Ash replied 1 year ago.
Does that clarify?Alex
Customer: replied 1 year ago.
Thank you very much for your help. I'll let you know the outcome.
Expert:  Ash replied 1 year ago.
No problem
Expert:  Ash replied 1 year ago.
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