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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10738
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have bussines and its years i have

Customer Question

hi i have bussines for leasehold and its for 15 years i have it for alomst 8 years and i want to sell it i paid £20 thousand pound for premium and i got a guy who want to buy my shop but my landlord asking for another £20k from him
i told a guy i have paid 20k for 15 years so he cant ask for money anymore
can you help me please
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
Could you please just confirm the following-
You have a 15 year Lease?
Did you buy the business off a previous Tenant and paid him the 20K or did you pay the Landlord 20k?
On what basis does your Landlord think he can charge you or your buyer 20K?
I look forward to hearing from you.
Customer: replied 2 years ago.
Yes the lease is 15 years
I paid my landlord 20k when I done the contract with him
It has been nearly 7 years from lease gone and it's only 7 years left
And I find a person who want to buy my shop and we agree with the price but my landlord he said to that persan he want another 20kAnd I told him the landlord can't ask for money because I have paid 20k for 15 years and there is still 7 years left
Customer: replied 2 years ago.
I can sent you my lease contract if that help
Expert:  Aston Lawyer replied 2 years ago.
Thanks for your reply.
As you are selling the business as a going concern, this will entail you transferring the remainder of the Lease to your Buyer (formally called "an assisgmnment of the Lease"), and your Buyer will pay you for the goodwill of the business/fixtures/a sum for the 8 years left on the Lease.
Your Landlord is NOT entitled to charge you or the Buyer a sum for the business/8 years left on the Lease as this does not belong to him.
Your Lease will say that you will need the Landlord's consent before you assign your Lease to the Buyer, but your Landlord can not demand a fee for granting this consent.
I would suggest that if your Landlord carries on asking for money, that you speak to a local Solicitor and get him to write to your Landlord explaining that he can't demand a fee.
I hope this assists and sets out the legal position.
Kind Regards
Customer: replied 2 years ago.
The problem is he don't want to sing the contract with buyer
I did had problem with rent for few months and he was upset a bout it , I think this is why he's doing thisAnd what if he don't accept is there any legal action I can do ?
Customer: replied 2 years ago.
He said to buyer if he don't give another 20k he won't sing the new contractCan you just help please
Expert:  Aston Lawyer replied 2 years ago.
You do really need to sit down with a local Solicitor who can explain everything to you- the Landlord can refuse to consent to you assigning the Lease to your Buyer if there are rent arrears, but if there aren't any, provided your Buyer can provide a Bank reference,your Landlord can't normally object. Your Solicitor will be able to put this in writing to your Landlord!
If he still does not consent, I'm afraid you would have to issue COurt proceedings against him, and ask the COurt that he be responsible for your legal costs in taking such proceedings. You may want to tell your Landlord this.
Good Luck.
Kind Regards
Customer: replied 2 years ago.
Ok thank you so much for help
Expert:  Aston Lawyer replied 2 years ago.
If I have assisted, I would be grateful if you could rate my answer.