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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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hello i had sighned a tenancy agreement for a shop with bcc

Customer Question

hello i had sighned a tenancy agreement for a shop with bcc for 12 months which ends this month i wish to vacant the shop as bussiness is too bad but birmingham city council says i need to give a further 6 months notice as on the t/c but i cant afford this as the rent is to high if i just leave whats the worst that can happen as i have tried explaining to them but had no luck thank you mrs miah
Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.
What does the agreement say exactly on this point?
Customer: replied 5 years ago.

it was 12 months contract which ends this month but it does say i need to give them 6 months notice but if i stay in i need to pay 9000 advance rent and rate and i just do not have this cash and i am in debt with my credit cards if i just leave whats the worst that can happen

Expert:  James Mather replied 5 years ago.

Thank you. The worst that can happen is that they will
chase you for six months rent in lieu of notice.

They could ultimately (unlikley) apply to court to make you bankrupt


There are actually only entitled to either the six months
rent or rent until they get a new tenant. They are under a duty to mitigate
their loss and to try to get a new tenant can recoup those costs from you,
although it is arguable as to whether they are recoverable or not because they
would have to pay those costs had you given six months notice in any event, when
you vacated the property at the end of the term after the appropriate notice.

I appreciate that this is not what you wanted to hear,
but there is no point in me misleading you.

Can I help further?

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The thread remains open for us to continue this exchange

Customer: replied 5 years ago.

but i have two propertys on my name would this affect this

Expert:  James Mather replied 5 years ago.

didn't mention that. But no, it makes no difference. If they are both council
properties that you rent, it just makes the problem worse.