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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7626
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I am trying to get a lease of a shop for last 10 months and

Resolved Question:

I am trying to get a lease of a shop for last 10 months and I accept all the conditions two months ago. The landlord solicitor send me draft lease which I signed and return but still no indication for completion. The comply with conditions in the lease I did some work in the shop and spend money. I wrote to the solicitor of Landlord and asking to let me know the completion date or I will take legal action.
Would you advise me on this.
Thanks
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,
Thanks for your question.
How would you characterise the works you have carried out?
Are you now occupying the property?
Did you instruct a solicitor to act on your behalf?
What are their stated reasons for not yet completing?
Kind regards
Tom
Customer: replied 3 years ago.

Decorating, installing new boiler, New lights.

No, I am not yet

No , I did not

They do not answering

Expert:  Thomas replied 3 years ago.
Right.
Would you say that you have substantially improved the property so far?
Do you have other works planned?
How much money have you spent approximately?
Kind regards,
Tom
Customer: replied 3 years ago.

Yes I did

Yes, and I have invoices

around £8000

Expert:  Thomas replied 3 years ago.
Hi,
Thanks, ***** ***** answer now. 5 mins please.
Tom
Expert:  Thomas replied 3 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
All property matters like this are “subject to contract”, or in your case “subject to lease”. This means that either party is free to withdraw from the grant of the lease right up until the point at which the lease has been executed.
So, as it stands, if the lease has not be executed then they or you can withdraw.
What would usually happen if you wished to carry out works before you executed the lease in order to protect yourself would be for you and the landlord to execute an Agreement for Lease. This would state that you will both execute a lease in agreed from once certain conditions have been completed (eg completion of work).
If you have not executed an Agreement for Lease and the lease itself is not completed then you are really not in a good position.
You should not spend anymore money on the property until the lease is completed and you should advise the solicitor of this and demand that the lease is completed.
If they don’t complete the lease then you will not have a right to occupy the property and you cannot compel them to complete it if you don’t have any agreement for lease.
Your claim to recover the monies you have spent is also not particularly great because you don’t have an agreement for lease. You would have to see what evidence you have that there was some form of agreement or representation given to you that the money you spent would be recoverable from the landlord if you did not complete. If there is no such evidence then it’s unlikely that you would be able to claim any of the monies.
You want to be forceful, but not to the extent that you scare them off because they will know that they can withdraw without being exposed (most likely) to any liability.
I really am sorry, a solicitor would have protected you from this had you instructed one.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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