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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Lease of commercial land under which the landlord is obliged

Resolved Question:

Lease of commercial land under which the landlord is obliged to not do anything to restrict the tenants ability to run his business. The landlord then acts in a way that the tenants business is significantly reduced. The tenant stops paying the rent and writes to the landlord setting out the problem and asking for discussion with a view to reducing the rent.
The landlord ignores the letter and the situation stays this way for several years. There is no mention of termination in the lease. The lease still has 25 years to run. Does the lease still stand or has it been terminated?
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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Has anyone written to terminate it please?
Customer: No
Alex Watts :

The Lease stays.

Alex Watts :

The lease has not been terminated.

Alex Watts :

But the tenant should not be with holding rent because the Landlord can take possession.

Alex Watts :

But the lease stands

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Thanks, XXXXX XXXXX may want to redevelop the site, if he takes possession would the lease end or would would he need to negotiate a settlement for the remaining 25 years the lease has to run?
Alex Watts :

Yes he would.

Alex Watts :

Does that help?

Customer:

It does indeed, if the landlord wants to take posessio;

Customer:

If the landlord wants to take possession must he

Alex Watts :

Must he?

Customer:

must he give the tenant notice of termination in writing and give a period to rectify the arrears

Customer:

How long would he have to give to rectify the arrears? There is nothing in the lease about termination.

Alex Watts :

es he must.

Alex Watts :

Yes he must.

Alex Watts :

The Landlord does not actually need to give notice to rectify arrears. The Landlord can take immediate possession without a Court Order.

Alex Watts :

Can I clarify anything?

Customer:

If he takes possession can the tenant then rectify the arrears?

Customer:

If the landlord takes possession can the tenant subsequently rectify the arrears? Would the landlord taking possession terminate the lease? would the fact that the landlord has not acknowledged the tenant's complaint affect the landlords right to take possession or terminate?

Alex Watts :

The tenant can apply for relief from the Court.

Alex Watts :

If the tenant does nothing then yes the lease ends. If the tenant applies for relief from the Court then if the Courts grant it, the lease continues.

Alex Watts :

Does that help?

Ash and 2 other Property Law Specialists are ready to help you