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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 2857
Experience:  Freelance Solicitor at Self Employed
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I have a 10-year lease on a commercial property. If I follow

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I have a 10-year lease on a commercial property. If I follow the new health and safety protocols laid by the government, the property is not suitable for trading. I want to ask the landlord to surrender the lease and refund my 3-months deposit and a proportion of the lease (4-years used) money received. What are my chances of success? Decison is based on circumstances and not on choice.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have sent a letter explaining the same and the landlord. his solicitor replied 'It isn’t clear from that email what exactly it is you are proposing.'
JA: Have you talked to a lawyer about this?
Customer: I have spoken to one. They based their advice on normal circumstances where a lease cannot be broken unless we can come to some common terms with the landlord. My situation is different. The government has set some guidelines. I cannot trade following these guidelines. These are proved by an H&S expert who surveyed the property. I cannot trade legally and therefore I will not able to earn anything to pay the rent. The shop is just 1.9 meters wide. 1 meter is taken by the shelving leaving only 0.9 meters for the public.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: What will the charges be?

Welcome to JA. I’m Vineet, a UK qualified & practicing Solicitor and I will be dealing with your case today.

I will get back to you with my answer shortly. The system will notify you via email when this happens.

Many Thanks.

Thank you for your patience.

Due to the uncertainties caused by this pandemic Govt has announced a complete ban on evictions so there will be no eviction proceedings in the courts for a 3 month period. ( Till 25th June) Commercial Landlords will not be able to start proceedings to evict their tenants in that period so that no tenant in either social , private accommodation, and commercial letting will be forced during this pandemic . This crisis is no excuse for tenants to breach their Tenancy Agreement

These social distancing measures are for containing the virus and would be in practice on a temporary basis. You can argue for the rent-free period for the time you have been unable to operate due to the size of your premises. However, you can ask for termination of the Lease on this basis

If you need further assistance, please let me know.

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Vineet S and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you
Customer: replied 1 year ago.
Hi Vineet. What is the chance of negotiating and receiving a refund of my three-month deposit and a proportion of the lease?

It depends if the Landlord would mutually agree to new Lease terms. The chances are bleak though, you can, however, propose these conditions to the Landlord and negotiate to reach a middle ground. You can definitely ask for a rent-free period for all the months you have been unable to operate from the premises due to its size.

Thank you and all the best.