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chatham-chamber
chatham-chamber, Solicitor
Category: Property Law
Satisfied Customers: 11847
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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I took out business lease years. Its now 6 months gone by

Resolved Question:

Hi, i took out business lease for a years. Its now 6 months gone by and i found out that the address on business lease is incorrect.
The property i have is 15a however on the lease it says 15b.
Is it possible to terminate the lease?
Submitted: 1 year ago.
Category: Property Law
Customer: replied 1 year ago.
The problem im having with the wrong address is that before taking out the lease i checked on internet that the rateable value of property 15A was £19,500. Therefore I thought retail area of 15B is 4-5 times smaller than 15A.So, rateable value of my property will be alot less (4-5 times). However, now I ended up paying business rate of £970 per month. Which I can't afford.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  chatham-chamber replied 1 year ago.

Hi,

It appears from the limited information that you have provided that the lease is defective. However, if you are already in occupation this could be difficult.

Is the area you occupy the same area that you though you were taking a lease over? If so, this could be problematic as if the matter was before a court, the court would look at intention.

At this stage, I would suggest you try to ascertain whether you can terminate the lease under the provisions contained therein. There may be a clause in your lease which allows you to serve notice on your landlord and terminate the lease.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

Customer: replied 1 year ago.
Hi,
I have attached two files which shows the diagram on the lease which clearly states that my property number is ***** If you look up on gov. website for the rateable value. it shows for property 15a its £19,500 (screenshot attached).So, then I though if for property 15a (as shown on the lease) the rateable value is £19,500. Therefore, for my property it should be a lot lesser. Because of the size.However, this all turn around on me. When I was told by valuation office that the property i'm in is 15a and I'm liable for the business rate.So, is there any chance to either terminate the lease on the bases on false information provided. As address can be clerical error, however, its also wrong on the diagram.According to the lease I can terminate it with 3 months notice. Which means I have to pay three months of rent and business rate which equivalents to ~£6000.Thanks
Expert:  chatham-chamber replied 1 year ago.

Hi,

I would suggest that you contact the landlord and inform him that the Lease that you have is defective and as a result you wish to forfeit the lease. You will need to do this in writing.

If you had someone act for you on the acquisition of the lease, it may be worth you asking them to contact the landlord on your behalf.

The alternative is that you terminate the lease in accordance with the provisions contained within the lease itself.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

Customer: replied 1 year ago.
Hi,
Finally, could you please write a letter and send it to me so I can forward it to landlord. As my english isn't that good. Please mention the followings.1. wrong address
2. the effect I had is that now I've to pay a lot of business tax because of defective lease
3. lease should be cancelled without any charges.Reagrds
Expert:  chatham-chamber replied 1 year ago.

Hi,

I cannot do this. The site is designed to provide general information. I cannot act for you. However, I am happy to check a letter that you have drafted and let you have my comments.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to contact me.

Kind regards,

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