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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2447
Experience:  Over 5 years in practice.
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I am a lease holder for a commercial property consist of two

Customer Question

I am a lease holder for a commercial property consist of two small separate shops and a flat above, I have bought the lease from someone I knew on the understanding and lead to believe that I could sublet a part of the business ? in which I did , I have been now three years into my lease paying the rent to my landlord every three months in full and before its due , I am now paid in full up until 25/09/2016 , when I bought and took over the lease in 2013 , it has been kept with my solicitor at that time as he dealt with all paper work between myself, the seller, and the landlord, and even moved in and started trading without every thing had to be finalised and the landlord knew and informed about that and he was ok and agreed to that as there were a lot of delay from the seller and the landlord solicitors, so I did not really had a look or proper study the lease then? and I took it all in good faith and trust. now I have been told from the two tenants I have that they are withholding and refusing to pay the rent as long as I do not have permission from the landlord to sublet them , I have rang the solicitor who dealt with it from the start and says that in my master lease state that I do need to get the landlord permission and consent for sublet, in which I did not know or was informed about that from first day I took the lease on, so I have written to the landlord a letter asking his permission for me to sublet and explaining why I need to do so, trade was really bad and hitting me hard and mentioning to him as well about seven shops have closed down completely in the same street and area, and by subletting was the only way to maintain with lease and paying the landlord without any default. the landlord said that he will be informing his solicitors and they will write to me , I have a letter came from the landlord solicitor and I did not understand anything and what it meant ? so I have passed it on the solicitor who dealt with the lease from the start and he said to leave it him and he will call as he need to look into it properly and get more information , and from what I gather its about serve notice 20 or 40 and details about who is there and renting, or it good be the start the process of evicting me and take the lease. the two tenants I have now they are refusing to pay and it is now nearly two months rent due? can I serve them a notice to leave? whether one or two months ? even they know that I do not have the landlord permission to sublet to them? I need to sort this out first ? what can I do ? and then deal with landlord case with me for not getting or applying for his consent to sublet? the two tenants now are laughing at me and saying clearly that we do not want to pay one penny for the rent , I know now that I have messed up and made a big mistake as I that time I did not sincerely ***** ***** any one advised me and by saying this now I am not trying to blame any one but my self. if I can not collect the rent money now I will not be able to pay the landlord ?
Submitted: 11 months ago.
Category: Property Law
Expert:  Ash replied 11 months ago.

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

What is it you want to achieve please?
Alex

Customer: replied 11 months ago.
CAN YOU PLEASE ADVISE ME WHAT TO DO AND HOW TO DEAL WITH THIS BIG MISTAKE I HAVE MADE? I NEED FIRSTLY TO DEAL WITH THE TWO TENANTS AND GET THEM TO LEAVE? WE WILL NEXT TIME GET TO TALK ON THE PHONE. WANTING TO GET YOUR REPLY TO MY QUESTION AND HAPPILY PAID INSTANTLY £38. THANKS SAM.
Expert:  Ash replied 11 months ago.

What does the lease say about termination for the tenants please?