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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11563
Experience:  30 years as a practising solicitor.
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I have a license agreement on a shop i rent. The license is

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I have a license agreement on a shop i rent. The license is for 36 months and is between myself and the management agent. The management agent advised i had to leave on 28th September this year as the main landlord wants everyone out to renovate etc. My license is due to expire june 2018. I then made plans to leave and found a new premises and paid the deposit. However i was then contacted by the main landlord that the management are the ones asked to leave on 28th Sept and we now pay rent direct to the main landlord. I already now made plans to leave on 28th Sept and the main landlord is telling my i am contacted to continue pay rent till my license expires in June 2018. My contract is between myself and the middle guys - management agents who have been asked to leave on 28th Sept. So i feel that my contract i signed should be invalid now as its between me and the middle guys who have been asked to leave so surely i should be allowed to leave on 28th Sept and not have to pay rent till june 2018? Please can you help me
Submitted: 1 month ago.
Category: Law
Expert:  JGM replied 1 month ago.

Thanks for your question. As I understand the landlord’s agents asked you to leave early, you agreed to do so and relying on that agreement you went out and signed up for new premises. That being the case the law says that the landlord is bound by the actions of his agents and he can’t insist that you remain in the property and he can’t insist that you continue to pay rent until the original end of the licence agreement. The landlord is stuck with the situation. If the agent acted out with the terms of the authority given by the landlord then the landlord has a right of action against the agent, not you. Happy to discuss. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 month ago.
Thank you that helps. How about the fact my license and contract i signed is between me and the agent who has been asked to leave on 28th Sept. Does this make my contract void?This is the letter i got from the landlords new agents, however as stated my current agent who i signed an agreement with they told me i had to leave on 28th but once i arranged a new premises i was told that it is them that has to leave on 28th and it was not made clear to them so asked me to leave also.Dear Umish,I trust that you are well.As per our recent discussions your lease does not expire until 18th June 2018. You are therefore bound by the terms of the lease including the obligation to continue paying the rent irrespective of whether your vacate the premises prior to expiry or not. However, it has been decided that as the landlords surveyors I shall seek to secure a new tenant for the premises as soon as is possible.Your retail unit shall therefore be put on the market for letting as of next week. If for example a tenant is found who wishes to take a new lease in January 2018 then your lease will be surrendered (by arrangement) and you will be freed from its obligations allowing you to move on and pursue your plans to locate to larger premises.I shall contact you to discuss related issues together with the logistics of any move prior to expiry.Please note that you are advised to seek your own independent professional advice.
Expert:  JGM replied 1 month ago.

The previous agent binds the landlord and you relied on what they told you, quite justifiably. So my independent advice is that the previous agent has broken the lease and you are not bound by it.

Customer: replied 1 month ago.
Hello i just got this reply after sending your commentsDear Umish,Thank you for your emails.However, please note the following;1/ Your lease makes expressly clear it is for a term of 3 years and does not expire till 14th June 2018
2/ there is no provision (or option to determine) in your lease which allows it to be bought to an end earlier than expiry
3/ Mr Haq & Mr Miah are not the competent landlords for the purposes of the Landlord and Tenant Act 1954 (part II). Therefore, they do not have the legal capacity to serve any notice to terminate the lease.
4/ a letter was sent to you by email attachment on the 14th August 2017 advising you that your lease does not expire till 18th June 2018The above is the legal position and If you fail to continue paying rent we shall instruct solicitors to take action against you accordingly. Please note that this matter is governed by the Landlord and Tenant Act 1954 (part II) as amended and not under the common law of agency as suggested by your previous emails.We are however happy to work with you and trust you will cooperate with Stretton's accordingly.I look forward to hearing from you soonBest regardsAdam Qureshi
Expert:  JGM replied 1 month ago.

I don’t agree. The landlord’s agent purported to terminate the lease and you accepted that. You were entitled to assume that the agent had authority on behalf of the landlord. This is nothing to do with the Landlord and Tenant Act. This is to do with a voluntary termination of the lease which you accepted and relied up and entered into new arrangements as a result.

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Customer: replied 1 month ago.
Thanks you for all your help. You have been very helpful. Just to confirm if my lease contract i signed is with the agent surely if they are leaving 28th Sept that makes my contract void unless i sign a new contract with a new agent or landlord?