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SolicitorRM
SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 3637
Experience:  Director and Principal Solicitor. UK
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Is a commercial property rent contract, For 1year, Kenton

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Hello
JA: Hi. How can I help?
Customer: Is a commercial property rent contract
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: For 1year
JA: Where is the property located?
Customer: Kenton road, harrow
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I would like to know in what conditions I can break the contract earlier
Hi thank you for your enquiry and patience
Customer: replied 12 days ago.
Hello
Are you the landlord or the tenant?
Does your lease prove fit circumstances when it can be terminated earlier than end of fixed term? Eg a break clause?
Customer: replied 12 days ago.
Can I send you a copy of the contract here ?
Customer: replied 12 days ago.
I’m the tenant
Customer: replied 12 days ago.
because of this situation I see my self in situation to give up and give up to my 2 months payment deposit for the last 2 months of rent .
Customer: replied 12 days ago.
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Customer: replied 12 days ago.
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Customer: replied 12 days ago.
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Customer: replied 12 days ago.
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Hi, I am working on remotely so the system won’t allow me to access the attachments. I can see you have attached them so if you bear with me I will access them when I get to adesktop later this afternoon. Would that be ok please?
Customer: replied 12 days ago.
that will be ok ,looking for for your reply!
Best Regards,
Monica

Hi, thank you for your patience. It took me a lot longer than I anticipated to get to my destination and only to have trouble with the network. Your contract has no break clause and does not expressly provide for when you could leave notice to leave earlier. You have a fixed term lease and as such you would be expected to stay till the end of the 1 year, so to 31 Oct 2020. The only way you could leave earlier would be if the landlord was in breach of its obligations and your business was materially affected as a result or if there was damage to the property that prevented you from being able to use the property. Yes you could leave the deposit and it would be applied to your rent. However deposit is primarily there to cover any dilapidations/damages you may have caused to the property so the landlord will not be pleased with you wanting to apply deposit to the last two months rent unless if he did regular checks and he is happy that there is nothing that needs repairing when you leave.

If the premises cant be occupied and used due to the current pandemic you could look to the principle of doctrine of frustration since your contract does not have a force majeure clause. You could say the contract cannot be performed during this period and as such both parties should be released from your obligations. If you wanted to carry on business after corona then alternatively you could negotiate a significant reduction on the rent.

I hope this helps. All the best

Customer: replied 12 days ago.
That means ,being affected of pandemic I can use this as a reason that I need to end my contract earlier,because I asked for a reduce and he refused.for me to pay 4 months (if we can start working on 4 th of July) of rent if I will continue is much over my budget in this period.

If you cant do business due to the natural disaster then yes you have to rely on that and most sensible landlords have not fought challenges based on frustration of the contract. It has to be impossible for you to do business not just difficult for you to rely on frustration

Customer: replied 12 days ago.
Thank you very much for your help!Have a lovely evening !

You are welcome. If it is not too much trouble please take a couple of seconds to kindly rate my assistance by clicking on the row of stars at the top. All the best and keep safe

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