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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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HelloWe have signed a lease agreement for 3 years with

Resolved Question:

Hello We have signed a lease agreement for 3 years with a limited company who act as managing agents. They in turn have contacted a local council to let the property. The tenant has supplied me with a sub licence agreement which she signed between herself and the council. The managing agent has been dishonest about repairs done to property and would not give us any information when repairs were supposed to be done. We did not receive rent from them for some months. We have informed the council that we no longer wish to use this managing agent. Council have asked for a Deed of Solemnity to cancel lease. How do we get this done and does this mean that we can terminate the lease with managing without going to court. The managing agent is in breach of contract by not communicating with us and not giving us the rent we were entitled to. Thank you Denise XXXXXXX

Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Is there a termination clause in the lease please?

JACUSTOMER-e8waz2r3- :

We have signed for 3 years. it says that the peroperty can be handed back if rent is not paid for 3 months but they have claimed there has been repairs which they did not tell us about upfront.

JACUSTOMER-e8waz2r3- :

In 6 months we received £650 instead of £3900.

Alex Watts :

Is there a clause in the agreement that allows for setoff for the repairs?

JACUSTOMER-e8waz2r3- :

Yes they could do repairs but they were supposed to tell us if the repairs

JACUSTOMER-e8waz2r3- :

costed a large amount.

Alex Watts :

Yes but is there a clause that allows them to set off rent?

JACUSTOMER-e8waz2r3- :

Please tell me what is deed of solemnity is?

Alex Watts :

It means you will only deal with them, ie cut out the agents.

Alex Watts :

You can either get a Solicitor to draft this or they can draft this for you.

Alex Watts :

But given that the rent has been deducted this could be grounds to terminate the contract.

Alex Watts :

If they did not inform you and set off amounts and did not seek authorisation you could consider this to be a substantial breach of contract.

Alex Watts :

You would in those circumstances be entitled to terminate the agreement and dispense with their services.

Alex Watts :

But you must be satisfied that the breach is significant.

JACUSTOMER-e8waz2r3- :

So we do not need to go to court?

Alex Watts :

If it is a small breach you can't terminate the contract, only if it is substantial you can terminate.

Alex Watts :

No, you do not need to go to Court to end the contract

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-e8waz2r3- :

Who decides whether the contract is terminated or not.

Alex Watts :

You would do and then if they contested, they could possibly take you to Court for damages. Then a Judge would decide whether the breach was significant.

JACUSTOMER-e8waz2r3- :

How much would you charge to do Deed of Solemnity?

Alex Watts :

Sadly I can not do work for you as it is against site rules.

JACUSTOMER-e8waz2r3- :

Thank you for your help.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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