Landlord lease problem.

B

biggun

Guest
We signed a lease for 4 years and 9 months for our limited company. There was a rent review after 2 years which is where we are now in. He has put the rent up by 30%. While the business is going well we wouldn't be able to afford 30% rent increase and have located a unit 400 meters down the road nearer to the main street which is 50% bigger and comes in 40% cheaper.

The landlord will not negotiate with the rent and knows we are looking at the other unit. He has now sent us a bill for the outstanding amount. I am seeking the advice of a solictor but I'm not very confident in him. The situation has become very bad were customers are aware that the landlord is not a happy camper as he is walking around outside the building on regular occasions. I've recieved a letter from his solictor saying we can't leave and if we do he'll sue us for all costs.

My question is this surely he cannot make up the rent to whatever he wants and force me to pay it for 2 years. There was nothing in the lease to say what the rent review would be (ie in line with inflation). My Business is now suffering because I'm very uncomfortable been near the shop whilst the landlord is around is there anything I should be doing?
 
Re: Lanlord lease problem.

As far as I know the rent review must be in line with market value. So you will need to assertain what the a similar premises would be (this could be a problem if you premises is in a "block" owned by the landlord who may have rented out at this higher price & hence affect the average rental). If you are not happy with solicitor, go find a different one.
 
Re: Lanlord lease problem.

hey Sam h,

Thanks for the advice. I suppose you are right about changing solictor but it's kind of difficult changing solictors mid course of something like this. I suppose I was hoping for some magical advice.
 
Re: Lanlord lease problem.

The first thing you need is to find a valuer to act on you behalf. There is little point in asking your solicitor about the rent. He is what he is and knows nothing about rental values.

Concerniung the matter of the landlord affecting your business, there should be a clause in your lease concerning 'quiet enjoyment'. If your solicitor is any use he should be able to deal with this matter.

The landlord cannot send you an Invoice for the increased rent if it has not been agreed. It is interesting that you have found a unit nearer to the main street which is considerably cheaper. This will go as evidence in your favour in the case of the rent review.

PM me if you wish with further details and again if you wish I may be able to provide you with details of a valuer.
 
Re: Lanlord lease problem.

your landlord cannot interfere with your business and if your not happy get another solicitor. the fact that a bigger unit in the same area is available will help your case as the rents are 'set' at market value in that area. finally as already said he cannot just send you an invoice until the rent review is sorted. what i dont understand is why would you be uncomfortable if the landlord is near the shop?
 
Re: Lanlord lease problem.

I suppose what I mean by been uncomfortable.

He came into the shop shouting and roaring that I was looking at another unit and told me I was a cowboy, there were no customers in the shop at the time but he did come in when there were customers there and gave me an invoice due for payment on 28th. He arrived on 28th demanding payment. We've been there 2 years and never been a day late with the rent, it just looks bad when customers are there and he says he wants to wait for a cheque.

He also had one of his workmen upgrading the tiles outside our shop (basically involved a noise that made it impossible to have a conversation with customers). That's why I'm not comfortable with him standing outside the shop. The "improvement" to the tiles took most of the morning but I couldn't see any difference.
 
Re: Lanlord lease problem.

Again refer to the clause in the lease referring to 'Quiet Enjoyment'. If the solicitor you are using can't deal with this, do yourself a favour and find a new one. I hope you didn't pay him the new rent.
 
Re: Lanlord lease problem.

And stop paying him unless and until you receive a guarantee that he or his workmen will not disturb your business and if they must come to the property it wil be by prior appointment.
 
Re: Lanlord lease problem.

this is straight forward to me. A good solicitor will review your contract and tell you exactly where you stand.
 
Re: Lanlord lease problem.

you really need to get a good solicitor here who will be firm with your landlord. thats the carry on of a bully and maybe your solicitor should mention that you will sue for loss of earnings due to his antics. do not pay him a cent of the rent increase..
 
You should put some pressure on your solicitor. S/he is engaged by you to act on your behalf. It shouldnt be that difficult for a new solicitor to pick up the case cold.

I agree with the majority of posts i.e. you are entitled to quiet enjoyment, rent yet to be agreed so LL should not have issued invoice.

It would be advisable to engage a reputable valuer and get an independent market rent. Hopefully this should provide sufficient evidence that the LL's new rent is out of line.

Most importantly, do not let the LL bully you or intimidate you by hanging around the property.
 
You must log in or register to reply here.
Back
Top