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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 2233
Experience:  Dual qualified Solicitor and Attorney
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I am currently ending a commercial tenancy and need some

Customer Question

Hi
JA: Hello. How can I help?
Customer: i am currently ending a commercial tenancy and need some advice
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: well I asked my landlord how to proceed to hand the keys back after he allowed a business to open downstairs which has severely crippled my business. He has ignored all my messages and emails and then sold the property at auction to a new landlord during this time. I have given him my written notice but the original lease expired about 7 years ago. I feel he has duped me into being passed on to a new landlord who is now trying to make me practically refurb the whole building before I leave.
JA: Where is the property located?
Customer: Northwich in cheshire
JA: Anything else you want the lawyer to know before I connect you?
Customer: When I took the lease on I was a sole trader but after the lease expired I became a Ltd company not sure if that has anything to do with my current liabilities
Submitted: 2 months ago.
Category: Property Law
Jeremy Aldermartin
Expert:  Jeremy Aldermartin replied 2 months ago.
Hi thank you for your message, so you have given the notice as per the original lease?
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Customer: replied 2 months ago.
Well no there is no notice required according to the original lease. However due to my landlord firstly saying he would like a months notice which I was agreeable to he then asked for 3 months notice which I objected to he started trying to enforce the original lease which I thought I didn’t have to abide by as we had a verbal agreement that I would just carry on paying rent at a higher value and could leave at any time and not be bound by the terms of the original lease.
Expert:  Jeremy Aldermartin replied 2 months ago.
Hi thanks for your message, if he has increased the rent then he has changed the terms away from the original agreement and as such you cannot be bound by them. With this in mind the period would be based on when you pay rent then if you pay rent monthly the notice period would be a month. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
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Customer: replied 2 months ago.
Hi JeremyThank you for your response. Does this mean that I am not bound by any of the terms with regards ***** ***** insuring and repairing lease. As the new landlord is expecting me to paint the whole outside of the building and replace windows etc?
Expert:  Jeremy Aldermartin replied 2 months ago.
Hi thank you for your message, that would be my view yes. The lease condition you described seems very excessive. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.
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