Commercial Lease

[louisharriso]

My wife and I took on a lease for a shop to start up our business. Due to various problems we discovered with the shop (water Leak/Electricity supply was unsafe, etc), it took us 2 months to open. After one month of opening we realised the shop did not have the proper planning permission and had to shut shop. We were led to believe at the start that the property had the appropriate planning permission. Therefore, we issued a claim against the agent for various losses. We spent approx �5000 on shop repairs plus 3 months deposit and 3 months rent in advance. The landlord initially offered us to break away from the lease but he would only pay the �5000 plus the 3 months deposit. When we asked for the rest of the rent as we could not open the shop for 2 months he refused and changed his offer to �3000 plus deposit providing we cease taking his agent to court. We refused and told him that he will not receive the keys for the shop until we get our money back and if necessary through the courts. We have not heard from him for 2 weeks now. How can I go about terminating the lease but get our money back. I do not want to give him the keys to the shop until this is sorted. I was hoping he would apply to court but he didnt. I have been to court and they said they did not deal with these type of matters. This has left me and my wife without a job or income. We had both to sign on the dole.

Is there anything we can do from our side?

Your advice will be appreciated.

[louisharriso]

my profile says i have 2 answers to my question but i dont seem to be able to view the answers! does anyone know why? obviously im not going to see the reply to this question. could someone please answer me on [email protected]

Many Thanks

[Twenty20]

I'm not an expert on commercial leases, but from a legal aspect I would guess that, as the lease has been frustrated through no fault of your own, then you should be entitled to a refund of your deposit, rent etc plus any costs you have incurred.

I would strongly suggest visiting a solicitor regarding this as I think this probably goes above the small claims court limit. I'm not sure either about the legality of holding on to the keys as, if you are claiming that the lease if in fact invalid, there is no reason for you to have keys. Again, take legal advice.

Answerbank isn't always very accurate with the number of replies it says you have or the mails it sends out telling you that you have replies!

[louisharriso]

Thank you Twenty20 for your reply.