Commercial lease - Landlord trying to fleece us

[dieter1]

We're a small company with a 4 year 9 month lease on a building. There is a three year break clause in our lease with which we have to give 6 months notice.

We did this a while ago (just over six months before as per terms) by registered post, sent the landlord a letter stating that we were going to exercise the break clause (we need more space).

Paid our last quarterly rent recently and got a call from the lettings agent after that to say that 'just letting you know, but you never got gave notice on the building'.

Stunned silence from our side.

We have the delivery record from An Post, saying that one of the landlord staff received the registered letter, but they are trying to say that it was a rent payment. We pay rent quarterly and always by cheque and always by standard post. This is the first time we have sent anything by registered post to them.

It would make your stomach turn, that people could be so deceitful like this. As they said that we didn't issue notice, if we leave now, he will look for two years rent.

Anyone have any tips, should I lawyer up?

 

[Mrs Vimes]

Sounds like they're either trying to bluff you into staying put or someone in landlord's office dropped the ball and is trying to cover themselves.

I would leave as planned. If the landlord does instigate legal proceedings to hold you to the lease, then would be a good time to lawyer up. Assuming you have a copy of your letter giving notice and the registered letter delivery slip you should be ok.

 

[dieter1]

yep we have all that. Our three month deposit is probably in serious jeopardy, but its not a small sum, so we will probably have to go chasing for that.....

 

[8till8]

You should send a reply to the landlord by registered post -- in exactly the same way you did previously, if he gets the second one then you are establishing that you have done everything correct and that he's getting his post !!

 

[mcaul]

Assuming the rent payment was made a different day and hopefully at least a few days either either side of the reg. letter, then assuming the rent cheque was lodge immediately, you can show a difference in dates from the day the reg. letter was delivered and the rent cheque lodged - then show how on every previous occasion how the rent cheque was lodhed within the same timeframe thus this would prove the reg letter did not contain the rent cheque.

 

[Bronte]

Paid our last quarterly rent recently and got a call from the lettings agent after that to say that 'just letting you know, but you never got gave notice on the building'.

I think Mrs Vimes gave good advice. Also from now on only correspond with them in writing. Write another letter now outlining the above phone call, stating the facts as you see it and enclosing a copy of the notice you served and telling them you will be leaving on x date and expect your deposit back on that date etc and if not you will be getting your solicitor involved. By registered post.