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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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My company has a nine year lease on a property which started

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My company has a nine year lease on a property which started on 10th July 2013 with a review date of 10th July 2018 and a break clause on 10th July 2016. The condition of the office has structurally seriously declined and the landlord is not doing anything about it. We therefore wish to move can we give notice at this stage or do we because we have missed the break clause have to fulfil the full nine years?
Assistant: Where are you? It matters because laws vary by location.
Customer: Peterborough, Cambridgeshire, United Kingdom
Assistant: What steps have you taken so far?
Customer: We have notified the landlord of the structural damages and he has sent out a building surveyor but no action has been taken so far. The first report we made was in 2017 and the first visit took place towards the end of 2018.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No I think you have all he information, we havent discussed with the landlord vacating the building so he is unaware of this.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

With this being a commercial lease, there are fewer rights than for consumer lease contracts. However, basic contractual rules still apply here so if the lease specifically states that your landlord is responsible for the structure of the building (it is likely to say this) and they do nothing about it, you can argue breach of contract on their part. There are also health and safety issues to take in to account so you could contact the Health and Safety Executive (HSE) to report the landlord for this. That assumes the landlord disputes the breach of contract - you could use that to threaten them if they do not allow you to leave. I would be inclined to contact the local council regarding the state of the building too. You should give notice to move but expect the landlord to contact you and dispute blame.

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Kind regards,

Jim

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