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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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my commercial lease has expired and I have vacated premises

Customer Question

my commercial lease has expired and I have vacated premises and handed back keys to agents and they have accepted them on a without prejudiece basis. I have No rent arrears. They advise they are re-marketing the premises. They are now saying i have to issue a section 27 notice and am responsible for 3 months rent, service charges and utilities. My business has closed with a huge loss. I have no money. Where do I stand.
Submitted: 5 years ago.
Category: Law
Expert:  James Mather replied 5 years ago.
Do you have a specific question?
Customer: replied 5 years ago.

where do I stand legally, what can I do about above lease, I am oap and only receive state pension

Customer: replied 5 years ago.

please help and reply to ref 12873503-250

Expert:  James Mather replied 5 years ago.
So the lease expired 6 years ago but you carried on paying rent. One day you just shut the door and walked away and gave the keys back without giving any notice?
Customer: replied 5 years ago.

yes as I felt the lease had expired and had no word from landlord and I was paying monthly. I have no money. I have never been in arrears.

Customer: replied 5 years ago.

did not know about notice as lease had expired, thought it ok as no rent arrears and never informed about having to serve notice.

Expert:  James Mather replied 5 years ago.

I am afraid that ignorance of the law is no defence.

If you have moved out on the last day of the lease or before, there would
have been no problem and you would not have to love given notice. However
because you have carried on after the end of the term of the lease, you have to
give three months notice.

If you read here, the paragraph headed "Vacate in on the last day of the
fixed term"

it explains a little more detail.

You are liable for three months rent in lieu of notice


You are however not liable for the utilities (but you are liable for the business rates) once you have given notice to those companies and the meters have been read

I appreciate that this is not the answer you wanted but there is no point
in me misleading you

Can I help further?

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Customer: replied 5 years ago.

thankyou for your answer but what is my position if i have no money to pay

Customer: replied 5 years ago.
Relist: Incomplete answer.
want to know my position as I have no money
Expert:  James Mather replied 5 years ago.

I am afraid that this is not an instant service because we all have clients
and court and all users and travelling and evenings and weekends, so sometimes
you will get a response in minutes and sometimes it may be hours.

The landlord can chase you for the money and if necessary issue court
proceedings to sue you and get a judgement. Once he has a judgement, if you
have a property, he can get a charge against the house or other assets.

If you have no assets, and you owe over £700, he can apply to court to make
you bankrupt.

Can I help further?