Trying to assign a commercial lease-in a bit of a mess-please help me!

[Groovychick123]

Dear forum reader,

 

I am writing this on behalf of my Parents who need your help with a housing issue. My Parents who are in their late 60's have a commercial lease with a right to residential dwelling upstairs. They have lived in Shepherds Bush at this residence for 28 years and run the shop as a partnership for the same length of time. Since 2009 my father has been diagnosed with a degenerative brain disease which has progressed to a stage now where he has become severely disabled and both myself and my mother are his full-time carers.

 

The reason I need your help is that at the beginning of this year my parents decided to sell the lease, as my mother could no longer cope with everything, and my father could no longer function in this capacity obviously. Therefore, they found a buyer, agreed a price and went ahead with asking for the Landlord's consent. The property does require repairs and has a schedule of dilapidations is outstanding as my father could no longer comprehend or undertake this, the buyer has agreed to undertake work to comply with these.

 

The Landlord is refusing consent for my parents to sell the lease. He is aware of my father's condition through solicitors but yet won't acknowledge this. The property is not disabled-accessible for my father, has no central heating or double glazing, and we cannot afford to put this all in place now, let alone my father be around while work is taking place. Our solicitor has explained to him that the prospective new tenants wish to refurbish the whole property anyway, so will deal with and oustanding dilapidations at the time they take over the lease, and they are prepared to put this in writing also.

 

My father's condition is deteriorating all the time, and my mother cannot run a business and care for my father. Surely they are breaching a disability rights issue? If it were not for my father's disease they would not be asking for Landlord's consent to sell so surely the Landlord is discriminating against them? The way they are being treated seems totally unfair.

 

They have blatantly refused our request to assign, so our only options now seems to be to try and assign without consent (which I think no one will agree to) or go to court to get a declaration that we can assign (which will probably cost alot of money I'm thinking!). There are only 2 years left on the lease.

 

Am reaching the end of my tether with this, please help.