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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 11637
Experience:  Dual qualified Solicitor and Attorney
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On the 20th April I signed a 12 month commercial lease on an

Customer Question

On the 20th April I signed a 12 month commercial lease on an office based in a converted mill. My business is 50% confectionary related.
When moving in my belongings this week I’ve noticed a hole in the wall with wires coming through which lead into a metal box. I didn’t notice this when viewing as the previous tenants belongings were all still in there so i thought the box was part of her belongings.
Anyway The box was absolutely full of mice droppings. I have contacted the manager who has advised me they have a continuous baiting program in place with the council. They check the site every 4 weeks and that the droppings are historical. He said he will ask them to put ‘protective measures in place’ on their next visit which is mid May.
IF they are historical then I’m angry that these weren’t removed before I moved in and were left for me to find. He also said he wasn’t aware I’d have food in there.
I’m wanting to end this contract and get out of there as even with the continuous baiting programme I’m not happy with the hole in the wall where mice and other pests can clearly enter. It makes my skin crawl and can obviously damage my business which I’ve worked so hard to build up. I have pictures of the hole and the box etc. Any advice would be appreciated? Thank you
JA: Because laws vary from place to place, can you tell me where the property is located?
Customer: Oldham, Uk
JA: Has anything been filed or reported?
Customer: yes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 16 days ago.
Category: Property Law
Expert:  Jeremy Aldermartin replied 16 days ago.

The big issue you have really is that whilst it may be understandable that you wish to terminate the contract, in any claim around breach of contract which is what you would need to terminate the contract early, you would need to show there was a clause in the contract that says for example there can be no historical mouse droppings or that no vermin should be able to enter the premises something specific. If you do not have such a clause which is unlikely the lessor will say we have not breached the lease and as such you are bound to the terms of the lease, if they provide for terminating the lease early then you can do so but if not then you are discussing terminating early with no provision to do so in the lease i.e. breaching the lease and for that you will have to pay. I trust this assists