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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I took a commercial lease and at the date of signing the

Customer Question

I took a commercial lease and at the date of signing the lease, leaseholder claimed that he is the landlord. We signed as landlord and leaseholder. After few months I found that the landlord is not landlord, he is the leaseholder. Then I requested him who is the landlord and to give me a copy of the lease. Few day later he gave me a copy of the lease.
As per lease he is the leaseholder and he is not authorised to sub lease the property without landlord permission.
After few months later he got permission. I requested him to give me the proper lease i.e. leaseholder and sub lease holder. But he did not do it and took the keys and kept all my stuffs i.e. furnitures, computers.
I have some outstanding rent. But I told him that the lease is invalid and he cannot claim any rent. I also requested him to refund the rent I paid. Because he misrepresented him as a landlord. Now he is saying that he will take legal action against me to recover the rent. Can he go to court to recover the rent? What is my position and remedy? Pls advise
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Why did he just end your lease please?
Alex

Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
I stopped paying rent. Because he misrepresented him as a landlord and he did not have the landlord's permission. I asked him to provide the amended lease. Then he took the keys and put the notice on the property for rent. He kept my stuffs
Expert:  Ash replied 1 year ago.

Sure I understand. How much is he claiming? How much are your items worth?

Customer: replied 1 year ago.
He is claiming last one year rent. He kicked me out in July 2015
Customer: replied 1 year ago.
He took the keys in July 2016. I asked him to amend the lease. But he did not do it. I told him that it is invalid lease. Am I right?
Expert:  Ash replied 1 year ago.

Ok, just to be clear he said he was the main Landlord, not just the leaseholder?
What is the value of your kit left there?

Customer: replied 1 year ago.
163;4000. But it is not my issue. I want to know is the lease valid or invalid?
Customer: replied 1 year ago.
He signed the agreement as landlord and I was the leaseholder
Expert:  Ash replied 1 year ago.

I understand. Its not - its breach of contract by false representation.

This means the lease is not valid. Its a breach under the Misrepresentation Act 1967.

Can I clarify anything for you?
Alex

Customer: replied 1 year ago.
Pls give me opinion about the validity of lease. Firstly he is not the landlord and he did not take the landlord permission. As per lease he has to take permission from the landlord to sub lease the property. He failed to do it
Expert:  Ash replied 1 year ago.

Can you see the above? Alex

Customer: replied 1 year ago.
What can I do? Can he file case against me to recover the rent?
Expert:  Ash replied 1 year ago.

Well yes, but it would only be a small claim, so you wouldnt need a Solicitor.

You would defend it on the basis it was a fraud, a lie. You could also counter claim for your kit left there.

Does that clarify? Alex

Customer: replied 1 year ago.
He is claiming £16000 for rent, bailiff cost. Am I liable for it?
Customer: replied 1 year ago.
Can you pls let me know the relevant section of Misrepresentation Act?
Customer: replied 1 year ago.
Any relevant case law, section of landlord and tenant, pls tell me
Customer: replied 1 year ago.
Pls let me know the relevant case law, sections of landlord and tenant act.
Customer: replied 1 year ago.
pls answer me
Expert:  Ash replied 1 year ago.

Section 2 and no, you would not be liable. Alex