change of locks to commercial property

[aidenb123]

Hi guys just a quick question. Had a commercial lease which i stopped paying for in dec 2012 (lease runs up until nov 2014) came to a deal with landlord to end lease if i paid x amount of money. So i emptied the shop in dec. January came round (when i had to pay again for the next 3 months and landlord said that the incoming tennants had pulled out so our deal could not continue and i would still have to pay until Nov 2014. As things stand partner made redundant and me having to shut down the business we had next to nothing as a income and struggle to pay our bills at the moment.

It has come to light that the locks have now been changed on the commercial property with out us knowing. Does this now mean that our lease has been fore fitted and i now own nothing or does it mean that i only owe up until the locks have been changed? thinking around a month ago?

 

any help would be fantastic.

 

many thanks

[renegadeimp]

Was the deal made in writing? If so, then it still stands and it is the LL's problem. it is no concern of yours if the new tenants pulled out.

[mariner51]

Even with a residential letting, the outgoing T is responsible for rent and property until new T MOVES IN, or LL re-takes possession.

This is a commercial property Lease, and there are many empty shops where the ex-occupier still has to pay rent etc. to avoid penalty payments.

[renegadeimp]

Surely if there was a deal in writing, that would supercede it though.

[mariner51]

We might assume so, but OP is strangely silent whether written surrender terms exists, only they emptied the shop in Dec , 3 months rent was due in Jan and there was a possible verbal understanding that Lease could be terminated on payment of £x to LL.

Was this cancellation fee paid?

Unless the 'new' T had signed a binding Lease before withdrawing, then no new T liability, existing Lease continues.

Did LL change locks to protect his property because keys not returned or to regain possession?

My point is that commercial Leases are more onerous on T than private residential ones.

 

I fear OP may require services of specialist commercial lawyer to determine/negotiate end of Lease.

[aidenb123]

hi guys thanks for advice. couple of answers, Was the deal made in writing? the deal was put forward to us by the solicitor of the LL. We agreed to it and offered payment. (famliy member was going to borrow us the money) time went by and we kept chasing the LL solicitor. chased the LL got a txt from him saying tell them to f**k off(think this was sent to the wrong person) then the next minute the LL solicitor emailed saying that the LL no longer wanted to go through with the agreement. LL had keys and we still had a set. Not returned because the lease was still down to us until November legally. As were all council business rates ect. Weve not entered the shop since we vacated in Dec.

 

thanks

[Grundles]

If your landlord forfeits the lease (which changing of the locks could be seen as, although they would need to have given you warning) they forfeit the right to any outstanding monies owed. The landlord becomes responsible for rates etc as of the day they changed the locks, but doesn't take possession of the items inside the buildings that aren't

 

If there isn't a written agreement however you will technically responsible for the building up until lease end date. If the LL changed the locks but didn't give you warning of impending action then surely you have a case against them for quiet enjoyment or similar? As you were unable to gain access to the premises that you have the lease on? Read the terms of your lease and what rights the Landlord has re.access during the lease. This will all be covered in it somehow, it's just a case of reading it and interpreting it I'm afraid!!

[ericsbrother]

LL can get bailiff to change locks as you havent paid rent. Basically, this ends the lease unless you wish to cough up for costs and what is owed and reach an agreement over rent due. As you moved your stock there has been nothing to seize to pay debts so I would suggest that you walk away and inform council you no longer responsible for rates etc.

[aidenb123]

yeah i was hoping that it would forefit the lease. Im not wanting anything from the property. I just want a end to it all to be honest as its affecting my health with all the worry or debt collectors and owing the money.

 

thanks for everyones help