Commercial Tenancy problem

[terracotta4]

I am posting this on behalf of a friend and would appreciate some advice. He has had a coffee shop for 14 years on a lease. He knew the landlord but his rent was paid through an agent. Four years ago with an influx of new coffee shops in his area and the financial downturn, he found it hard to pay the full rent of 11,000 p.a. He spoke to the landlord who with a handshake agreed to reduce the rent by 2,000 p.a. He has continued to pay the reduced rent, but due to lack of business and ill health he negotiated to sell the lease to another party for £25,000. Last week whilst in hospital two of his staff went to the cafe to open up and found that the locks had been changed. They have reposessed his business as they are saying he is behind with the rent.He has never missed a payment. His stock has rotted in the fridges and he has not been allowed access to the property. I asked him if he had ever been advised of this he said he hadn't but a few times his statement from the agent has come through with an underpayment marked at the top of 2,000 - when he asked them about this they said it was just admin. It now transpires that the Landlord is proposing to sell part of the garden of the cafe for development. What can he do about this.

[stu007]

Hi terracotta4

 

Does your lease contain a clause giving the landlord the right (forfeiture or re-entry) to repossess the property if the tenant breaks any obligations under the lease?

 

Were you given any rent arrears notifications before repossession?

 

Have you been given the opportunity to access the commercial property to remove your goods/property?

 

Please be patient I am sure the caggers will be along to give you some advice.

 

This PDF May be useful:

Edited April 15, 2014 by stu007

[raydetinu]

For a start a lease or agreement can only be amended in writing! no handshake or verbal agreement will do it, even with witnesses.

You would be relying on the goodwill of the LL to honour such and he is not legally obliged to do that.