Review Commercial Lease
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Post a project like this£125(approx. $157)
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- Proposals: 2
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- #2109548
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Description
Experience Level: Intermediate
Hi,
My company is currently having a dispute with our landlord.
In short, he thought he only needed to give us 2 months notice, and when we pointed out the lease states three months, he acknowledged that, but has been pushing for us to leave earlier.
We have made a few offers on what we would be willing to accept from him in order to leave before the notice period ends (15th Spetember), but he was not willing to accept any of our offers. Moving early would be extremely disruptive to our business as we are still finalising the lease on our new property, so ideally we would stay where we are until the 15th.
Our rent is due quarterly and should have been paid 23/July/2018, but we had not paid it then due to a verbal agreement with the landlord, that if we were making an effort to move out early, we could keep the rent. After he was unable to accept any of our offers, he stated via email that if we were not going to leave, we should just pay the rent and stay until the 15th September, and he wouldn't bother us any further. So that is exactly what we did yesterday.
He is still emailing us, and seems to be threatening legal action. There is a part of the lease that states if the tenant stays in the property after the term is completed without written permission that we are liable to pay additional fees, and it turns out the Term is ambiguously defined due to a contradiction between two sections of the lease. One definition suggesting is was at a fixed point in time during 2017, and the other that it was at the end of the notice period. Therefore we think that we have not done anything wrong, and owe no additional money to the landlord.
All we want is to be able to get on with our business for the rest of our time here, and take our time to get our new office in a good state for us to move into it. If the landlord made us a suitable offer of cash to make it worth our while leaving early, then that would make up for the disruption. As he wasn't willing to, we just want quiet enjoyment of our property, without legal threats.
Here is one of the emails sent from the Landlord to us a couple of days ago
"
Hi Richard,
Many thanks for your email and offer.
Unfortunately I can not afford your conditional offer. I’ll wait till 15th September to collect the keys. Please make sure you leave the property in original conditions as hand over to you.
Also please transfer the overdue rent ASAP.
If you think a quick phone call can help in settling down this matter then please do so. I’m on [REMOVED]
Thanks,
"
Here is another
"
Hi Steve,
Thank you for your email and I’m sorry too for the unpleasant discussion we had on last Friday.
All our agreement were on 2 month notice but unfortunately your agreement has got 3 months notice, this was a mistake from estate agent and I have highlighted it to you many times in our previous conversation. As you know, all other tenant have left the property well before 2 months notice period and now work is held up because of your presence. I feel like I am getting penalised because of estate agents mistake.
I appreciate that you guys are working on a option to move out of the building ASAP but it will be nice to have two way communication and not just we chasing you all the time.
If back in your mind you have already decided you want to penalise us then that’s absolutely fine we can wait till 15th September (which is not far now) just tell us and I’ll stop asking you.
On the other side if you really want to move out then please come up with a definite date so that I can discuss it with my partner/builder and plan accordingly.
I look forward hearing form Richard tomorrow.
Thank you,
"
I am looking for someone who can have a read over the lease today (it's quite short) and have a quick call this afternoon to talk through any legal action our landlord may be in a position to take against us, if there is any.
I will send the lease on request.
Cheers,
Steve
My company is currently having a dispute with our landlord.
In short, he thought he only needed to give us 2 months notice, and when we pointed out the lease states three months, he acknowledged that, but has been pushing for us to leave earlier.
We have made a few offers on what we would be willing to accept from him in order to leave before the notice period ends (15th Spetember), but he was not willing to accept any of our offers. Moving early would be extremely disruptive to our business as we are still finalising the lease on our new property, so ideally we would stay where we are until the 15th.
Our rent is due quarterly and should have been paid 23/July/2018, but we had not paid it then due to a verbal agreement with the landlord, that if we were making an effort to move out early, we could keep the rent. After he was unable to accept any of our offers, he stated via email that if we were not going to leave, we should just pay the rent and stay until the 15th September, and he wouldn't bother us any further. So that is exactly what we did yesterday.
He is still emailing us, and seems to be threatening legal action. There is a part of the lease that states if the tenant stays in the property after the term is completed without written permission that we are liable to pay additional fees, and it turns out the Term is ambiguously defined due to a contradiction between two sections of the lease. One definition suggesting is was at a fixed point in time during 2017, and the other that it was at the end of the notice period. Therefore we think that we have not done anything wrong, and owe no additional money to the landlord.
All we want is to be able to get on with our business for the rest of our time here, and take our time to get our new office in a good state for us to move into it. If the landlord made us a suitable offer of cash to make it worth our while leaving early, then that would make up for the disruption. As he wasn't willing to, we just want quiet enjoyment of our property, without legal threats.
Here is one of the emails sent from the Landlord to us a couple of days ago
"
Hi Richard,
Many thanks for your email and offer.
Unfortunately I can not afford your conditional offer. I’ll wait till 15th September to collect the keys. Please make sure you leave the property in original conditions as hand over to you.
Also please transfer the overdue rent ASAP.
If you think a quick phone call can help in settling down this matter then please do so. I’m on [REMOVED]
Thanks,
"
Here is another
"
Hi Steve,
Thank you for your email and I’m sorry too for the unpleasant discussion we had on last Friday.
All our agreement were on 2 month notice but unfortunately your agreement has got 3 months notice, this was a mistake from estate agent and I have highlighted it to you many times in our previous conversation. As you know, all other tenant have left the property well before 2 months notice period and now work is held up because of your presence. I feel like I am getting penalised because of estate agents mistake.
I appreciate that you guys are working on a option to move out of the building ASAP but it will be nice to have two way communication and not just we chasing you all the time.
If back in your mind you have already decided you want to penalise us then that’s absolutely fine we can wait till 15th September (which is not far now) just tell us and I’ll stop asking you.
On the other side if you really want to move out then please come up with a definite date so that I can discuss it with my partner/builder and plan accordingly.
I look forward hearing form Richard tomorrow.
Thank you,
"
I am looking for someone who can have a read over the lease today (it's quite short) and have a quick call this afternoon to talk through any legal action our landlord may be in a position to take against us, if there is any.
I will send the lease on request.
Cheers,
Steve
Steve S.
100% (23)Projects Completed
28
Freelancers worked with
26
Projects awarded
27%
Last project
31 Jan 2023
Ireland
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