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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
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Experience:  Solicitor
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I have a shop on lease which still has nine year left.

Resolved Question:

I have a shop on long lease which still has nine year left. Someone wanted to buy the lease from me last year but they haven’t got money so I have give my shop on monthly instalment to them, which is in written and attested by a lawyer. We notified the landlord this agreement and he had no objection then. Now my landlord is trying to make another lease under their name with increase rent.
Can they do this ? and what is my legal rights?
Submitted: 10 months ago.
Category: Property Law
Expert:  Jamie-Law replied 10 months ago.

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

Have you got anything in Landlord to agree it in the first place.

Customer: replied 10 months ago.
No, we don't have anything in written.
Expert:  Jamie-Law replied 10 months ago.

But the Landlord never objected in the first place?

Customer: replied 10 months ago.
No, he didn't, he verbally agreed with it, we even introduced them to the landlord before we made the agreement and it was all OK.
Expert:  Jamie-Law replied 10 months ago.

Ok. So it was all done, assigned and then he objected?

Customer: replied 10 months ago.
he hasn't said anything to us but he is going behind our back to the tenant and taken 6 months deposit money from them. So now they are not paying us our monthly installment, as they are getting a new lease.
Expert:  Jamie-Law replied 10 months ago.

The Landlord can't do this. You have a lease, they do not. So the Landlord can NOT give them a new lease.

its your property and you have the lease.

The Landlord rent the property which you have the lease for.

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
we haven't broken any laws then. so why he is doing this?
Customer: replied 10 months ago.
what action should we be taking?
Expert:  Jamie-Law replied 10 months ago.

No. Its a contractual matter.

Its breach of contract. So he can pursue the Limited company for the remaining term

Does that clarify?

Customer: replied 10 months ago.
No, I don't understand you mean he terminate the lease
Expert:  Jamie-Law replied 10 months ago.

Sorry. I dont know why he is doing this.

He appears to be terminating the lease yes.

That way if he terminates then you are released

Does that clarify?

Customer: replied 10 months ago.
Then we are losing our money and we can't do anything
Expert:  Jamie-Law replied 10 months ago.

But if he gives the lease, you are released, no more liability

Does that clarify?

Customer: replied 10 months ago.
What about our money which the tenant owe us and the deposit which landlord has?
Expert:  Jamie-Law replied 10 months ago.

You can sue the Landlord for the deposit and the tenant for any money they owe you

Does that clarify?

Customer: replied 10 months ago.
How ? through you
Expert:  Jamie-Law replied 10 months ago.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
No Thanks much appreciate for your advice
Expert:  Jamie-Law replied 10 months ago.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law and other Property Law Specialists are ready to help you

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