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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9784
Experience:  I have been practising for 30 years.
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We recently leased a 3rd floor walk up and subsequently I’ve

Customer Question

We recently leased a 3rd floor walk up and subsequently I’ve experienced difficulties with navigating the stairs. I’ve had two hip replacements, I’m generally fit but the pain of navigating the stairs has become unexpectedly unbearable.
Can I break the lease based on my unforeseen medical condition?
Submitted: 19 days ago.
Category: Law
Expert:  F E Smith replied 18 days ago.

I have been asked to look at this for you.

I’m sorry but the very short answer is no. Unless there is anything specifically in the lease that allows you to do so, and afraid that you’re stuck until the end of the term. You may be able to negotiate a get out with the landlord but that is a different issue I’m afraid. I’m sorry, I know it’s not the answer you wanted.

ADDED There is a very slim possibility that you may be able to argue that the lease has been frustrated by these change of circumstances and it is possible for release to be frustrated although I don’t think case law has ever supported it. Usually, frustration of contract applies when there is destruction of the subject matter and that doesn’t apply here.

.Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.